410-RICR — Board of Elections

Chapter 10 Campaign Finance

Subchapter 00

410-RICR-10-00-1 Appealing of Late Fines

410-RICR-10-00-1 § 1.1 Appealing of Late Fines

A.The Rhode Island Board of Elections hereby amends rules and regulations relating to contributions and expenditures reporting pursuant to and in accordance with R.I. Gen. Laws §§ 17-25-11(g) and 17-25.2-5(d).

B.Said rules and regulations are amended pursuant to the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35 et seq.) and are available for public inspection at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Amendment — effective from 2010-06-10 to 08/08/2010
Adoption — effective from 2010-04-27 to 06/10/2010

410-RICR-10-00-1 § 1.2 Purpose

This rule is adopted by the Board of Elections for the purpose of clarifying and expanding upon R.I. Gen. Laws §§ 17-25-11(g) and 17-25.2-5(d).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Amendment — effective from 2010-06-10 to 08/08/2010
Adoption — effective from 2010-04-27 to 06/10/2010

410-RICR-10-00-1 § 1.3 Definitions

"Filer" means any candidate, committee, or person required to file Campaign Finance Reports pursuant to R.I. Gen. Laws §§ 17-25-11 and 17-25.2-5.

"Supervisory Staff' means the Board of Elections' Executive Director, Director of Campaign Finance, or their designees.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Amendment — effective from 2010-06-10 to 08/08/2010
Adoption — effective from 2010-04-27 to 06/10/2010

410-RICR-10-00-1 § 1.4 Contesting Late Filing Fines

A.When the Board of Elections assesses a Filer with a fine for failure to file reports under R.I. Gen. Laws §§ 17-25-11(g)(2) or 17-25.2-5(d)(2), and the Filer is subsequently notified by certified mail of the imposition of the fine, then the Filer may appeal the fine on grounds that the fine was incorrectly imposed within thirty (30) days of receipt of notice of the non-compliance or in the event that the notice is not claimed, within forty-five (45) days of the date on which the notice was sent. A failure to file a timely appeal shall be deemed an admission. Requests for appeals must be in accordance with the Rules of Practice and Procedure in Adjudicatory Hearings before the Rhode Island Board of Elections (Part 20-00-2 of this Title).

B.Nothing in this section shall prohibit the Board of Elections from acting on its own motion to waive any fines or fees imposed.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Amendment — effective from 2010-06-10 to 08/08/2010
Adoption — effective from 2010-04-27 to 06/10/2010

410-RICR-10-00-1 § 1.5 Waiver of Late Filing Fines - For Good Cause Shown

A.Filers seeking waivers of fines or fees imposed under R.I. Gen. Laws §§ 17-25-11(g) or 17-25.2-5(d) may request a waiver by the Board of Elections for good cause shown within sixty (60) days of receipt of notice of the non-compliance or if the notice is not claimed, within seventy-five (75) days of the date on which the notice was sent. Waivers may only be considered if there are no reports past due. All waiver requests must be submitted either in writing or electronically and contain the Filer's name, address, a statement specifying the fines and fees to be waived, and cause for the late filing.

B.The Board of Elections hereby authorizes its Supervisory Staff to administratively review and act upon all requests, including setting conditions for any full or partial waivers, where the amount of fines and fees do not exceed five thousand dollars ($5,000 Waiver requests where the amount off fines exceed five thousand dollars ($5,000) will be submitted to the Board for public hearing, provided however, that the Board hereby authorizes its legal counsel to take whatever action is available under the law to collect any outstanding penalties and, with the consent of the Board's Supervisory Staff, to set conditions for any full or partial waivers.

C.Filers may appeal the Supervisory Staff's decision on any waiver-request for a de novo public hearing to the Board of Elections within forty-five (45) days of the date of the notice, which shall contain a statement of the Filer's right of appeal. All requests for a hearing must be in writing and in compliance with the Rules of Practice and Procedure in Adjudicatory Hearings before the Rhode Island Board of Elections.

D.Nothing in this section shall prohibit the Board of Elections from acting on its own motion to waive any fines or fees imposed.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Amendment — effective from 2010-06-10 to 08/08/2010
Adoption — effective from 2010-04-27 to 06/10/2010

410-RICR-10-00-1 § 1.6 Applicability - Prior Fines and Fees

All fines and fees due prior to the adoption of this regulation are hereby subject to this regulation. All the rights and periods of waiver and appeal stated herein shall commence with the date of adoption of this regulation. All previous notices sent prior to the adoption of this regulation shall be deemed sufficient and shall not be resent.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Amendment — effective from 2010-06-10 to 08/08/2010
Adoption — effective from 2010-04-27 to 06/10/2010

410-RICR-10-00-1 § 1.7 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

B.These rules and regulations were adopted at a meeting of the State Board of Elections held on 13th day of July 2010 pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.). By Order of the Rhode Island Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Amendment — effective from 2010-06-10 to 08/08/2010
Adoption — effective from 2010-04-27 to 06/10/2010

410-RICR-10-00-2 Fines and Penalties for Contributions Made and Received in Excess of the Allowable Annual Contribution Limits

410-RICR-10-00-2 § 2.1 Fines and Penalties for Contributions Made and Received in Excess of the Allowable Annual Contribution Limits

The within policy is for the purpose of establishing a schedule of fines and penalties for those contributions made and received by individuals, candidates/officeholders and entities in accordance with the Rhode Island Campaign Contributions & Expenditures Reporting Act (“Act”) and which exceed the allowable annual contribution limits permitted by the Act.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2005-03-27 to 01/04/2022
Adoption — effective from 2005-03-27 to 03/27/2005

410-RICR-10-00-2 § 2.2 Definitions

A.For the purpose of this policy, the following definitions shall be in effect:

1.“Candidate/Officeholder” shall mean a candidate as defined pursuant to R.I. Gen. Laws § 17-25-3(2); an individual elected to and/or holding public office; and, an individual accepting contributions and/or incurring expenditures or maintaining an “open” campaign account are required to file reports with the Board of Elections pursuant to the requirements of R.I. Gen. Laws Chapter 17-25.

2.“Entity” shall mean a political party committee and political action committee (PAC).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2005-03-27 to 01/04/2022
Adoption — effective from 2005-03-27 to 03/27/2005

410-RICR-10-00-2 § 2.3 Fines & Penalties

2.3.1Contributions Made In Excess Of Allowable Limits

A.An individual, candidate/officeholder or entity which makes a contribution to a candidate/officeholder or entity which is in excess of the allowable annual contribution limits shall be subject to the following:

1.Upon determining that an individual, candidate/officeholder or entity has made a contribution (or contributions) to a candidate/officeholder or entity which, in the aggregate, exceeds the allowable annual contribution limits, the individual, candidate/officeholder or entity, as the case may be, shall be issued a warning against making any further contributions which exceed the allowable annual limits, including those contributions which may be made in excess of the allowable annual limits to other candidates/officeholders or entities.

2.Upon determining that an individual, candidate/officeholder or entity, who has previously received a warning from the Board pursuant to § 2.3.1(A)(1) of this Part, has made a contribution (or contributions) to a candidate/officeholder or entity which, in the aggregate, exceeds the allowable annual contribution limits, the individual, candidate/officeholder or entity, as the case may be, shall be issued a second warning against making any further contributions which exceed the allowable annual limits, including those contributions which may be made in excess of the allowable annual limits to other candidates/officeholders or entities.

3.Upon determining that an individual, candidate/officeholder or entity, who has received a second warning from the Board pursuant to § 2.3.1(A)(2) of this Part, has made a contribution (or contributions) to a candidate/officeholder or entity which, in the aggregate, exceeds the allowable annual contribution limits, the individual, candidate/officeholder or entity, as the case may be, shall be fined one hundred dollars ($100.00) for each contribution(s) made to any candidate/officeholder or entity which exceeds the allowable annual contribution limits.

2.3.2Contributions Received In Excess Of Allowable Limits

A.A candidate/officeholder or entity which accepts contributions in excess of the allowable annual contribution limits shall be subject to the following:

1.Upon determining that a candidate/officeholder or entity has received contributions which, in the aggregate, exceed the allowable annual contribution limits, the candidate/officeholder or entity, as the case may be, shall be issued a warning by the Board of Elections against accepting contributions which exceed the allowable annual limits.

2.Upon determining that a candidate/officeholder or entity, who has previously received a warning from the Board of Elections pursuant to § 2.3.2(A)(1) of this Part, has received contributions which, in the aggregate, exceed the allowable annual contribution limits, the candidate/officeholder or entity, as the case may be, shall be issued a second warning against accepting contributions which exceed the allowable annual limits.

3.Upon determining that a candidate/officeholder or entity, who has received a second warning the from the Board pursuant to § 2.3.2(A)(2) of this Part, has received contributions which, in the aggregate, exceed the allowable annual contribution limits, the candidate/officeholder or entity, as the case may be, shall be fined twenty- five dollars ($25.00) for each contribution received which exceeds the allowable annual contribution limits.

4.Upon determining that a candidate/officeholder or entity, who has been fined pursuant to § 2.3.2(A)(3) of this Part, has received contributions which, in the aggregate, exceed the allowable annual contribution limits, the candidate/officeholder or entity, as the case may be, shall be fined fifty dollars ($50.00) for each contribution received which exceeds the allowable annual contribution limits.

5.Upon determining that a candidate/officeholder or entity, who has been fined pursuant to § 2.3.2(A)(4) of this Part, has received contributions which, in the aggregate, exceed the allowable annual contribution limits, the candidate/officeholder or entity, as the case may be, shall be fined one hundred dollars ($100.00) for each contribution received which exceeds the allowable annual contribution limits.

B.The fines and penalties established in this section may be issued by the Board or its designee; provided, however, that the Board or its designee may reduce or waive any fines which may be assessed pursuant to this section.

C.Notwithstanding any other provision or requirement of this section, the Board of Elections may, at its sole discretion, take any further action against an individual, candidate/officeholder or entity which it deems appropriate and which may be permitted pursuant to the Rhode Island Campaign Contributions And Expenditures Reporting Act (R.I. Gen. Laws Chapter 17-25).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2005-03-27 to 01/04/2022
Adoption — effective from 2005-03-27 to 03/27/2005

410-RICR-10-00-2 § 2.4 Applicability

A.This policy shall be effective upon adoption and shall apply to all contributions made or received commencing on January 1, 2004; provided, however, that any individual, candidate/officeholder or entity who shall have made or accepted contributions in excess of the allowable annual limits prior to adoption of these policies shall not be penalized or fined beyond the issuance of a warning as provided for in §§ 2.3.1(A)(1) or 2.3.2(A)(1) of this Part, as the case may be, for the contributions made or accepted during this period which exceeded the allowable limits.

B.The within policy is hereby adopted by the Board of Elections this 1st day of June 2004.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2005-03-27 to 01/04/2022
Adoption — effective from 2005-03-27 to 03/27/2005

410-RICR-10-00-3 Contributions and Expenditures Reporting

410-RICR-10-00-3 § 3.1 Contributions and Expenditures Reporting

A.The Rhode Island Board of Elections hereby adopts the rules and regulations relating to contributions and expenditures reporting pursuant to and in accordance with R.I. Gen. Laws §§ 17-25-11 and 17-25.2-5.

B.Said rules and regulations are adopted pursuant to the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35 et seq.) and are available for public inspection at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-05-18 to 01/04/2022
Adoption — effective from 2010-05-18 to 05/18/2010

410-RICR-10-00-3 § 3.2 Purpose

This rule is adopted by the Board of Elections for the purpose of clarifying and expanding upon R.I. Gen. Laws §§ 17-25-11 and 17-25.2-5.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-05-18 to 01/04/2022
Adoption — effective from 2010-05-18 to 05/18/2010

410-RICR-10-00-3 § 3.3 Definitions

“Campaign finance report” or “Report” means the Summary of Campaign Activity (CF-2) form and, unless otherwise not required, the Schedule of Contributions Received (CF-3) form and the Schedule of Expenditures (CF-4) form.

“Filer” means any candidate, committee, or person required to file Campaign Finance Reports pursuant to R.I. Gen. Laws §§ 17-25-11 and 17-25.2-5.

“Materially amend” means to add, delete, or alter more than 500 dollars ($500) or ten percent (10%), whichever is larger, of the total fiscal sum of either the contributions or expenditures on any Campaign Finance Report. Provided, however, that any willful omission of any amount shall be subject to review and penalties by the Board.

“Substantially complete” means that ninety percent (90%) or more of the total fiscal sum of all required contributions and expenditures are disclosed on the CF- 2 form and correspond to itemized amounts accounted for on the CF-3 and CF-4 forms.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-05-18 to 01/04/2022
Adoption — effective from 2010-05-18 to 05/18/2010

410-RICR-10-00-3 § 3.4 Rules and Regulations for a Complete Report

A.When a Filer submits a Campaign Finance Report to the Board of Elections pursuant to R.I. Gen. Laws §§ 17-25-11 and 17-25.2-5 that is Substantially Complete, the date of the original submission will become the filing date.

B.When a Filer submits a Campaign Finance Report to the Board of Elections that is not Substantially Complete and later Materially Amends it, the date of amendment will become the actual filing date. As a result, late filing fines and fees may be assessed pursuant to R.I. Gen. Laws §§ 17-25-11(g) and 17-25.2-5(d).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-05-18 to 01/04/2022
Adoption — effective from 2010-05-18 to 05/18/2010

410-RICR-10-00-3 § 3.5 Notice and Appeals

A.When the Board of Elections has reason to believe that any required portions of a Campaign Finance Report were late or willfully or knowingly left blank, incomplete, or inaccurate, the Board may take action against the Filer pursuant to R.I. Gen. Laws §§ 17-25-13, 17-25-16, 17-25-11(g), and 17-25.2-5(d).

B.The Board of Elections shall notify the Filer of any violations by certified mail pursuant to the requirements of R.I. Gen. Laws § 17-25-11(3); the Filer has the opportunity to appeal any actions based on any violations.

C.Notwithstanding any of the provisions of these rules and regulations, the Board of Elections shall have the authority to waive late filing fees for good cause shown.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-05-18 to 01/04/2022
Adoption — effective from 2010-05-18 to 05/18/2010

410-RICR-10-00-3 § 3.6 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

B.These rules and regulations were adopted at a meeting of the State Board of Elections held on the 21 day of 2010 pursuant to the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35-1, et seq.). By Order of the Rhode Island Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-05-18 to 01/04/2022
Adoption — effective from 2010-05-18 to 05/18/2010

410-RICR-10-00-4 Matching Public Funds - Contribution Exemption and Additional Expenses

410-RICR-10-00-4 § 4.1 Matching Public Funds - Contribution Exemption and Additional Expenses

A.The Rhode Island Board of Elections hereby adopts rules and regulations for matching public funds - contribution exemption and additional expenditures pursuant to and in accordance with R.I. Gen. Laws §§ 17-25-20 and 17-25-24.

History

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

410-RICR-10-00-4 § 4.2 Purpose

The Rhode Island Board of Election hereby adopts the within rules and regulations for the purpose of clarifying and expanding upon the contribution exemption and additional expenditures for R.I. Gen. Laws §§ 17-25-20 and 17-25-24.

History

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

410-RICR-10-00-4 § 4.3 Contribution Exemption for R.I. Gen. Laws §

A.Note: The regulation to be adopted by the Board of Elections ("Board") appears in § 4.3(C) of this Part beneath the specific section of the Rhode Island General Law which the Board is seeking to address with the adoption of said regulation.

B.§ 17-25-20 - Eligibility criteria for matching public funds. - In order to receive matching public funds under § 17-25-19, a qualifying candidate must comply with the following requirements:

(1)The candidate must sign a statement under oath, as provided for in § 17-25-19; pledging to comply with the limitations on contributions and expenditures for election purposes and with all the terms and conditions set forth in this chapter. Upon the filing of the statement, a candidate for general office shall be bound to abide by the limitations on contributions and expenditures set forth in this chapter and may not withdraw from his or her obligation to abide by these restrictions.

(2)Subject to the provisions of paragraph (ii) of this subdivision, no participating candidate shall either receive or expend for election purposes more than a total of public and private funds in the sum of one million five hundred thousand dollars ($1,500,000) in an election cycle. No participating candidate for general office other than governor shall receive or expend for election purposes more than a total of public and private funds in the sum of three hundred seventy-five thousand dollars ($375,000) in an election cycle.

(ii) The limitations on contributions received from private sources, matching funds available from the state, and total permitted expenditures shall apply in the 1994 general election and, subject to appropriations by the general assembly, shall increase by a percentage to be determined by the Board of Elections in January of each year-in which a general election involving general offices is held, beginning in 1998. In no case shall the increase exceed the total increase in the consumer price index since the month in which the previous general election involving general offices was held.

(3)Only the first two thousand dollars ($2,000) of the aggregate private monetary contributions from a single private source within an election cycle shall be eligible for matching public funds for candidates for governor; provided, that the entire amount contributed shall be considered toward the dollar limits provided in subdivision (2) of this section.

(ii)Only the first one thousand dollars ($1,000) of the aggregate private monetary contributions from a single private source within an election-cycle shall be eligible for matching public funds for candidates for lieutenant governor, secretary of state, attorney general, and general treasurer; provided, that the entire amount contributed shall be considered toward the dollar limits provided for in subdivision (2) of this section.

(iii)Any private funds lawfully contributed during the current election cycle shall be eligible for matching public funds subject to the terms and conditions of this section, and private funds donated during a preceding election cycle shall not be eligible for matching public funds.

(4)The direct costs incurred in connection with raising campaign funds on behalf of a candidate-shall not be deemed to be expenditures for the purposes of the limitations on expenditures set forth in subdivision (2) of this section. Direct costs-shall include costs of printing and mailing invitations to fundraising events, solicitations for contributions, costs of hosting fundraising events, and travel to those events, but shall not include any portion of the salary or wages of campaign employees, nor the cost of any radio, television, or printed advertisement. The cost of a fundraising event must be less than the amount of money realized from the gross proceeds generated by the fundraising event in order to qualify for this exclusion.

C.Further, since fundraising expenditures correspond directly to the receipt of contributions, the contributions raised in equal amounts to those direct costs shall be exempt from the limitations on contributions set forth in § 4.3(B)(2) of this Part.

History

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

410-RICR-10-00-4 § 4.4 Additional Expenditures for R.I. Gen. Laws §

A.Note: The regulation to be adopted by the Board of Elections ("Board") appears in § 4.4(C) of this Part beneath the specific section of the Rhode Island General Law which the Board is seeking to address with the adoption of said regulation.

B.§ 17-25-24 Additional Expenditures - Any candidate eligible to receive public funds and electing to receive these funds whose opponent does not elect to receive public funds shall be permitted to raise additional private contributions and make additional expenditures for election purposes in an amount in excess of the candidate's maximum allowable expenditure limit equal to the amount by which the expenditures of the opponent exceed the maximum allowable expenditure limit that would have applied to the opponent's expenditures had the opponent elected to receive public funds.

C.Moreover, to the extent that the candidate has not received the total amount of public funds provided for the general office sought, he or she may use private contributions received within the same election cycle to request matching public funds and make additional expenditures in an amount in excess of the candidate's maximum allowable limit equal to the amount by which the expenditures of his or her opponent exceed the maximum allowable expenditure limit that would have applied to the opponent's expenditures had the opponent elected to receive public funds.

History

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

410-RICR-10-00-4 § 4.5 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

B.These rules and regulations were adopted at a meeting of the State Board of Elections held on the 13th day of July 2010 pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.). By Order of the Rhode Island Board of Elections.

History

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

410-RICR-10-00-5 Eligibility For Matching Public Funds For Candidates For General Office (MPF #01-01)

410-RICR-10-00-5 § 5.1 Eligibility For Matching Public Funds For Candidates For General Office (MPF #01-01)

A.Regulations pursuant to R.I. Gen. Laws Chapter 17-25 “RI Campaign Contributions & Expenditures Reporting Act”

B.The Rhode Island Board of Elections (the “Board”) hereby adopts the within rules and regulations relating to the “Rhode Island Campaign Contributions & Expenditures Reporting Act” (the “Act”) pursuant to and in accordance with the provisions of R.I. Gen. Laws § 17-25-5, as amended.

C.Said rules and regulations are being established pursuant to the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35) and are available for public inspection, submissions or requests at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2007-01-12 to 01/04/2022
Periodic Refile — effective from 2007-01-12 to 01/12/2007

410-RICR-10-00-5 § 5.2 MPF #01-01. Eligibility For Matching Public Funds For Candidates For General Office.

The Board of Elections recognizes that conflicts and ambiguities exist in the Rhode Island general laws for persons seeking general office with regards to their eligibility for matching public funds if, during the first two years of a four-year election cycle, those persons were candidates for any other public office. In recognition of these conflicts and ambiguities the Board is promulgating the following regulations with respect to candidate eligibility for matching public funds.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2007-01-12 to 01/04/2022
Periodic Refile — effective from 2007-01-12 to 01/12/2007

410-RICR-10-00-5 § 5.3 Contributions.

A.Incumbent general officeholders & persons who were not candidates for any other public office during the first two years of a four-year election cycle as defined in R.I. Gen. Laws § 17-25-3(5).

1.All contributions received by incumbent general officeholders and persons who were not candidates for any other public office during the first two years of a four-year election cycle, which otherwise qualify to be matched with public funds pursuant to the provisions of R.I. Gen. Laws Chapter 17-25, shall be eligible to be matched with public funds.

B.Persons who were candidates for public office during the first two years of a four-year election cycle as defined in R.I. Gen. Laws § 17-25-3(5).

1.All contributions received during the last two years of a four-year election cycle, which otherwise qualify to be matched with public funds pursuant to the provisions of R.I. Gen. Laws Chapter 17-25, shall be eligible to be matched with public funds.

2.Further, the balance of funds remaining in a campaign account or accounts, as reported to the Board of Elections, as of December 31st in the even-numbered year between elections for general officers and carried forward shall be treated as a contribution by the candidate to his/her own campaign for general office and counted toward the contribution limits for that office; provided, however, that no candidate shall be permitted to carry forward in excess of five percent (5%) of the total amount which a candidate is permitted to expend in a primary and general election campaign for the general office sought pursuant to R.I. Gen. Laws §§ 17-25-19 and §17-25-21 and that only $1,000 of such amount shall be eligible for matching public funds.

3.The campaign fund balance beyond the five percent (5%) permitted to be carried forward shall not be permitted to be expended and shall be placed in a separate campaign account which shall be inactive for the period commencing on the day the person becomes a declared candidate for general office pursuant to R.I. Gen. Laws § 17-14-1 and concluding with the final audit of the campaign by the Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2007-01-12 to 01/04/2022
Periodic Refile — effective from 2007-01-12 to 01/12/2007

410-RICR-10-00-5 § 5.4 Expenditures.

A.Incumbent general officeholders & persons who were not candidates for any other public office during the first two years of a four-year election cycle as defined in R.I. Gen. Laws § 17-25-3(5).

1.All expenditures incurred during the four-year election cycle shall be included as part of the expenditure limitations established by the Board of Elections pursuant to R.I. Gen. Laws § 17-25-20.

B.Persons who were candidates for public office during the first two years of a four-year election cycle as defined in R.I. Gen. Laws § 17-25-3(5).

1.The expenditures incurred during the first two years of a four-year election cycle shall not be included as part of the expenditure limitations established by the Board of Elections pursuant to R.I. Gen. Laws § 17-25-20.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2007-01-12 to 01/04/2022
Periodic Refile — effective from 2007-01-12 to 01/12/2007

410-RICR-10-00-6 Reporting Requirements for Coordinated and Independent Expenditures

410-RICR-10-00-6 § 6.1 Reporting Requirements for Coordinated and Independent Expenditures

A.The Rhode Island Board of Elections hereby adopts rules and regulations on reporting requirements for coordinated and independent expenditures pursuant to and in accordance with R.I. Gen. Laws Chapter 17-25 et seq., due to the United States Supreme Court decision rendered in Citizens United v. Federal Elections Commissioner, 130 S. Ct 876 - US. - (2010).

History

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

410-RICR-10-00-6 § 6 .2 Purpose and Scope

A.The following regulation is proposed by the State Board of Elections under the authority of R.I. Gen. Laws Chapter 17-25 and is promulgated for the purpose of clarifying the reporting requirements for independent and coordinated expenditures in the aftermath of the United States Supreme Court decision rendered in Citizens United v. Federal Elections Commission, 130 S. Ct. 876, - U.S. - (2010). That Supreme Court decision struck down portions of Congress' Bipartisan Campaign Reform Act of 2002 ("BCRA"), which prohibited corporations and unions from using their general funds to make independent expenditures for speech that is an "electioneering communication" or for speech that expressly advocates the election or defeat of a candidate. In light of First Amendment protection that extends to corporations, the Supreme Court held that there is "no basis for allowing the government to limit corporate independent expenditures." (slip op. at 50). However, the Supreme Court likewise upheld the constitutionality of the disclaimer and disclosure and disclaimer provisions of BCRA. Under that Act, a person who makes a disbursement for producing and airing electioneering communications must file a report with the Federal Elections Commission which identifies the person making the disbursement, with related information, including the identities of those persons who shared or exercised direction or control over the activities of the person making the disbursement. BGRA also requires televised electioneering communications funded by anyone other than the candidate to include a disclaimer that the person funding the communication is responsible for the content of the advertisement. The disclaimer must be both audible and visibly displayed on the screen in a clearly readable manner. It must also display the name and address of the person or group that funded the advertisement.

B.These "disclaimer and disclosure requirements may burden the ability to speak, but they 'impose no ceiling on campaign related activities,' Buckley, 424 U.S. at 64 and 'do not prevent anyone from speaking,' McConnell, 540 U.S. at 201." Disclosure requirements are justified based upon a valid governmental interest in "providing the electorate with information" about the sources of election-related spending. Buckley, 424 at 66. Such disclosure requirements help citizens "make informed choices in the political marketplace." 540 U.S. at 197 (internal quotations omitted). Indeed, the Supreme Court found that "there was evidence in the record that independent groups were running election-related advertisements 'while hiding behind dubious and misleading names.'" McConnell, 540 U.S. at 197 (quoting McConnell I, 251 F. Supp. 2nd at 237).

C.Rhode Island law currently does not prohibit corporations from making independent expenditures. R.I. Gen. Laws § 17-25-10.1(h)(l) states, in part, that:

1.It shall be unlawful for any corporation, whether profit or non-profit, domestic corporation or foreign corporation, as defined in § 7-1.1-2, or other business entity to make any campaign contribution or expenditure, as defined in R.I. Gen. Laws § 17-25-3, to or for any candidate, political action committee, or political party committee, or for any candidate, political action committee, or political party committee to accept any campaign contribution or expenditure from a corporation or other business entity.

D.The terms "contributions" and "expenditures" are defined under RI. Gen. Laws § 17-25-3 and do not include independent expenditures:

1."Contributions" and "expenditures" include all transfers of money, credit or debit card transactions on-line or electronic payment systems such as "PayPal," paid personal services, or other things of value to or by any candidate, committee of a political party, or political action committee or ballot question advocate. A loan shall be considered a contribution of money until it is repaid.

E.Thus, the existing statute on prohibitions for corporate expenditures does not reach independent expenditures, but only payments and expenditures to or on behalf of a candidate, committee of a political party or political action committee or ballot question advocate.

History

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

410-RICR-10-00-6 § 6.3 Definitions

A."Legal entity" means any corporation, whether for profit or not for profit, domestic corporation or foreign corporation, as defined in R.I. Gen. Laws § 7-1.1-2, financial institution, cooperative, association, receivership, trust, holding company, firm, joint stock company, public utility, sole proprietorship, partnership, limited partnership, or any other entity recognized by the laws of the United States and/or the state of Rhode Island for the purpose of doing business. The term "legal entity" shall not include a political action committee organized pursuant to this chapter or a political party committee organized pursuant to this chapter or an authorized campaign committee of a candidate or office holder.

B."Candidate" means any individual who undertakes any action, whether preliminary or final, which is necessary under the law to qualify for nomination for election or election to a state or local office in the State of Rhode Island, and/or any individual who receives a contribution or makes an expenditures, or gives his or her consent for any other person to receive a contribution or make an expenditure, with a view to bringing about his or her nomination or election to any state or local office in the State of Rhode Island, whether or not the specific state or local office for which he or she will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not he or she has announced his or her candidacy or file a declaration of candidacy at that time.

C."Contributions" and "Expenditures" includes all transfers-of money, credit or debit transactions online or electronic payment systems such as "PayPal," paid personal services, or other things of value to or by any candidate, committee of a political party, or political action committee or ballot question advocate. A loan shall-be considered a contribution of money until it is repaid.

D."Expenditures" shall include, but are not limited to the payment for any goods and services as set forth below:

1.Any media advertising services or products, including, but not limited to, newspapers, radio stations or television stations;

2.General advertising in letters, brochures, flyers, handbills, lawn signs, posters, bumper stickers, buttons or other materials except for newsletters and other communications paid for and transmitted by an organization to its own members and not to the general public; or

3.Paid personal services, including advertising agency services or other professional services including accounting-services, printing, secretarial services, public opinion polls, research and professional campaign consultation or management, media production or computer services. A written contract, agreement or promise to make an expenditure is an expenditure as of the date such contract, expenditure or obligation is made.

E."Clearly identified candidate" means any reference to the candidate's name, nickname, photograph, or drawing appears, or the identity of the candidate is otherwise apparent through any reference or link to a candidate's website or through an unambiguous reference such as "the Governor," "Your state representative," or "the incumbent," or through an unambiguous reference to his or her status as a candidate such as "the Democratic gubernatorial nominee" or the "Republican candidate for District 500 in the State of Rhode Island."

F."Expressly advocating" means any communication that:

1.uses phrases such as "Vote for the Governor," "Re-elect your State Senator," "Support the Gubernatorial Nominee," "Cast Your Ballot for the Democratic Challenger for the State Senate Seat 500," "Smith for Lt. Governor," "John Doe in 2010," "Vote for a Balanced Budget" accompanied by a listing of clearly identified candidates described as being in favor of a balanced budget,

2."Vote Against John Doe," "Defeat" accompanied by a picture of one or more candidates, or "Reject the Incumbent" or

3.repeats or adopts slogans/themes associated with a specific candidate who is identified within the communication, or communications of slogans

4.or individual words which in context can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates, such as posters, bumper stickers and advertisements.

G."Other thing of value" means any item of tangible real or personal property, or paid personal services, donated to or benefiting any person required to file reports with the Board of Elections and that in the aggregate has a fair market value in excess of one hundred dollars ($100).

H."Paid personal services" means personal services of every kind and nature, the cost or consideration for which is paid or provided by someone other than the committee or candidate for whom the services are rendered, but shall not include personal services provided without compensation by persons volunteering their time.

I."Person" means either an individual, partnership, committee, association, corporation, or any other organization.

History

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

410-RICR-10-00-6 § 6.4 Reporting Requirements for Independent Expenditures

A.It is lawful for any person, including any corporation or any other organization not otherwise prohibited by law and not making an expenditure to or with any candidate, political committee, political party, or political action committee, to independently expend from a person's own funds, including from the treasury of a corporation or organization, a sum which is not to be repaid to said person for the purpose of expressly advocating for the support or defeat of a candidate.

B.Whenever any person makes an independent expenditure that in the aggregate exceeds one hundred dollars ($100.00) in a calendar year, said person shall file a report with the Board of Elections, designated as CF-8, which shall state, under the penalty of perjury, the following information:

1.The identification of the person making the independent expenditure, including the person's address and principal place of business, if not an individual, and the amount expended;

2.The identification of any person sharing or exercising direction or control over the activities of the person making said expenditure, including that person's address and the principal place of business, if not of an individual; and

3.The name and address of every person or entity receiving an expenditure which in the aggregate exceeds one hundred dollars ($100.00), and the amount of each expenditure.

C.The first report must be filed within seven (7) days from the date that said expenditure exceeds the aggregate of one hundred dollars ($100.00). Thereafter, said person shall file additional CF-8 reports with the Board of Elections no later than seven days after the independent expenditure is made.

D.The date for such expenditure is the date that a written contract, oral agreement or other promise is made to make an expenditure, rather than the date that the funds are actually expended.

E.For each expenditure made, a report must be filed with the Board of Elections identifying the source of monies used for said expenditure. For example, where an association or corporation uses monies provided by its members for the purpose of expressly advocating the support or defeat of a candidate, each person from whom said monies was received shall be identified in the filings with the Board of Elections, which shall include the person's name, address, and amount contributed for the purpose of making an electioneering communication or other such expenditure by said corporation or association. Each such person shall be identified on Form CF-8.

F.Further, when a member of a legal entity that is making independent expenditures transfers money or other thing of value to said legal entity, and knows that the monies or other thing of value is to be used by the legal entity for the purpose of making an expenditure in support of or in opposition to a candidate for office, said donor must file a Form CF-8 with the Board, within seven (7) days of the transfer.

G.Additionally, any legal entity receiving said monies or other thing of value must likewise report to the Board the receipt of said monies or item of value within seven (7) days. The legal entity receiving said monies or other thing of value shall forward a copy of Form CF-8 to the donor member with notice that said form may be required to be completed by the donor member. This shall apply whenever a legal entity receives any money or other thing of value in excess of one hundred dollars ($100.00) from any single source. No corporation, whether for profit or non-profit, domestic or foreign, or any other legal entity as defined herein, is permitted to make any expenditures to or with any candidate, political action committee, or political-party committee, or for any candidate, political action committee, or political party committee to accept any campaign contribution or expenditure from such corporation or other legal entity.

H.An expenditure shall be deemed to be made to or with any candidate, political action committee, or political party, if one or more of the following factors are present:

1.There is any arrangement, coordination, or direction with respect to the expenditure between the candidate or the candidate's agent and the person making the expenditure;

2.In the same election cycle, the person making the expenditure, including any officer, director, employee, or agent of the person, is or has been authorized to raise or expend funds on behalf of the candidate or the candidate's authorized committees, or is or has been an officer of the candidate's authorized committees, or is or has been receiving any form of compensation or reimbursement from the candidate, the candidate's authorized committees, or the candidate's agent;

3.The person making the expenditure, including any officer, director, employee, or agent of the person, has communicated with, advised, or counseled, the candidate or the candidate's agents at any time on the candidate's plans, projects, or needs relating to the candidate's pursuit of election to office in the same election cycle, including any advice relating to the candidate's decision to seek election to office;

4.The person making the expenditures retains the professional services of any individual or other person also providing those services to the candidate in connection with the candidate's pursuit of election to office in the same election cycle, including any services relating to the candidate's decision to seek election to-office;

5.The person making the expenditure, including any officer; director, employer, or agent of the person, has communicated or consulted at any time during the same election cycle about the candidate's plans, projects, or needs relating to the candidate's pursuit of election to office, with:

a.Any officer, director, employee, or agent of a party committee that has made or intends to make expenditures or contributions, in connection with the candidate's campaign; or

b.Any person whose professional services have been retained by a political party committee that has made or intends to make expenditures or contributions;

6.The expenditure is based on information provided to the person making the expenditure directly or indirectly by the candidate or the candidate's agents about the candidate's plans, projects, or needs; provided, that the candidate or the candidate's agents are aware that the other person has made or is planning to make expenditures expressly advocating the candidate's election; or

7.The expenditure is made by a person with the intention of seeking or obtaining any governmental benefit or consideration from the candidate by reason of the expenditure.

I.Nothing contained in this regulation shall be construed to limit the amount of monies expended by an independent candidate advocate for the purpose of independent candidate advocacy.

J.Independent candidate advocates shall maintain and preserve all records and supporting documentation for a period of four (4) years from the filing date.

K.Independent candidate advocates found in violation of this regulation may be fined within the provisions of R.I. Gen. Laws Chapter 17-25.

History

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

410-RICR-10-00-6 § 6 .5 Disclaimer Requirement for Independent Expenditures

A.For any communication made for the purpose of expressly advocating the support or defeat of a candidate, by any person which is an independent expenditure and has not been authorized, or financed by a candidate, political party, candidate committee, or political action committee, a disclaimer statement identifying the person paying for the communication shall include a disclaimer statement, which must:

1.State that the communication is not authorized by any candidate or the candidate's committee; and

2.Identify the name and street address, telephone number and web address, if any, of the persons or legal entity who financed said communication.

B.An example of a disclaimer notice for a printed independent expenditure by a corporation would be as follows:

1.Paid for by Acme Corporation and not authorized by any candidate or candidate's committee. Contact us at: Acme Corporation, 111 Adams Street, Warwick, Rhode Island.

C.All disclaimers required by this section must be presented in a clear and conspicuous manner in order to give the reader, observer, or listener adequate notice of the identity of the person that paid for, and where required, authorized the communication. A disclaimer is not clear and conspicuous if it is difficult to read or hear, or if the placement is easily overlooked.

D.With respect to printed communications covered by this section, the disclaimer must also be of sufficient type size to be clearly readable by the recipient of the communication. If the communication is on printed material that measures no more than 24 inches by 36 inches, the disclaimer must be in 12-point type size. The disclaimer must be contained in a printed box set-apart from the other contents of the communication.

E.The disclaimer must also be printed with a reasonable degree of color contrast between the background and the printed statement. The disclaimer satisfies the color contrast requirement if it is printed in black text on a white background or if the degree of color contrast between the background and the text of the disclaimer is no less than the color contrast between the background and the largest text used in the communication.

F.Where the communication is made by radio, television or through any broadcast, cable, or satellite transmission, said communication must include the following audio statement: "xxx is responsible for the content of this advertisement," which must be spoken clearly, with the blank to be filled in with the name of the person paying for the communication and the name of the connected organization, if any, of the payer.

G.Additionally, any communication transmitted visually through television or through any other broadcast, cable or satellite transmission, must also include a similar written statement that must appear in clearly readable writing at the end of the visual communication. In order to be deemed clearly readable, the statement must include the following:

1.The statement must appear in letters equal to or greater than 4% of the vertical picture height;

2.The statement must be visible for a period of no less than 4 seconds; and

3.The statement must appear with a reasonable degree of color contrast between the background and the disclaimer statement. The color contrast requirement is satisfied if the statement is printed in black text on a white background or if the degree of color contrast between the background and the text of the disclaimer is no less than the color contrast between the background and the largest type size used in the communication.

History

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

410-RICR-10-00-6 § 6.6 Disclosure Requirements

No person shall make any contribution to-any other person, including a corporation, association, or union, for the purpose of an electioneering communication in any name except its own or in any manner for the purpose of disguising the true origin of said contribution. No person shall form or use a corporation or other legal entity to make electioneering communications with the intention to either disguise the true origin of the funds or evade the reporting requirements of this chapter.

History

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

410-RICR-10-00-6 § 6.7 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

B.This Part was adopted at a meeting of the State Board of Elections held on the 13th day of July 2010 pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.)

History

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

410-RICR-10-00-7 Policy on The Permitted/Prohibited Uses of Campaign Funds

410-RICR-10-00-7 § 7.1 Purpose

This regulation is hereby adopted by the Board of Elections (the “Board”) for the purpose of clarifying and expounding on the provisions and requirements of R.I. Gen. Laws § 17-25-7.2 of the Rhode Island Campaign Finance & Expenditures Reporting Act (the “Act”) regarding the permitted and prohibited used of campaign funds.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2020-07-06 to 01/04/2022
Technical Revision — effective from 2005-03-27 to 07/06/2020
Adoption — effective from 2005-03-27 to 03/27/2005

410-RICR-10-00-7 § 7.2 Authority

This regulation is adopted pursuant to R.I. Gen. Laws § 17-25-5(a)(3).

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2020-07-06 to 01/04/2022
Technical Revision — effective from 2005-03-27 to 07/06/2020
Adoption — effective from 2005-03-27 to 03/27/2005

410-RICR-10-00-7 § 7.3 Personal Use of Campaign Funds Prohibited

A.The personal use by any elected public office holder or by any candidate for public office, as defined in R.I. Gen. Laws § 17-25-3, of campaign funds shall be prohibited. For the purpose of this section, “personal use” is defined as any use other than expenditures related to gaining or holding office and for which the candidate for public office or elected public official would be required to treat the amount of the expenditure as gross income under Internal Revenue Code, 26 U.S.C. § 61 as from time to time amended.

B.An expenditure is related to gaining or holding office if that expenditure results from the candidate’s campaign activity or the individual’s duties as the holder of a public office and is an expense that would not otherwise have been incurred.

C.Expenditures that are specifically prohibited under this chapter include:

1.Any residential or household items, supplies or expenditures, including mortgage, rent or utility payments for any part of any personal residence of a candidate or officeholder or a member of the candidate’s or officeholder’s family;

2.Mortgage, rent or utility payments for any part of any non-residential property that is owned by a candidate or officeholder or a member of a candidate’s or officeholder’s family and used for campaign purposes, to the extent the payments exceed the fair market value of the property usage;

3.Funeral, cremation, or burial expenses, including any expenses related to deaths within a candidate’s or officeholder’s family;

4.Clothing, other than items of de minimis value that are used in the campaign;

a.Expenditures for clothing shall be limited to items of de minimis value which display the candidate’s name or message, or which promote the advocacy or defeat of an issue, or ballot question. The cost per unit of said clothing shall not exceed twenty-five dollars ($25.00).

b.Clothing which is rented for a specific campaign or officeholder activity shall be deemed an allowable expense, provided that the campaign making said rental shall be required to report the item rented and the specific campaign or officeholder activity for which it was rented.

5.Tuition payments;

6.Dues, fees or gratuities at a country club, health club, recreational facility or other nonpolitical organization, unless part of a specific fundraising event that takes place on the organization’s premises;

7.Salary payments to a member of a candidate’s family, unless the family member is providing bona fide services to the campaign. If a family member provides bona fide services to a campaign, any salary payments in excess of the fair market value of the services provided is personal use;

8.Admission to a sporting event, concert, theater, or other form of entertainment, unless part of a specific campaign or officeholder activity.

a.The purchase of “season tickets” is prohibited.

b.Individual tickets for individual events purchased as part of a specific campaign or officeholder activity is a permitted use of campaign funds, provided, that the campaign making said purchase shall be required to report the specific campaign or officeholder activity participated in and its purpose.

9.Payments of any fines, fees or penalties assessed pursuant to this chapter.

D.Expenditures that are specifically permitted include any expense that results from the candidate’s election campaign activity or the individual’s duties as a holder of elected office and is an expense that would not otherwise have been incurred. Such expenditures include:

1.The defrayal or ordinary and necessary expenses of a candidate or officeholder;

2.Office expenses and equipment, provided the expenditures and the use of the equipment can be directly attributable to the campaign or the officeholder’s duties and responsibilities;

3.Donations to charitable organizations, provided the candidate or officeholder does not personally benefit from the donation or receive compensation from the recipient organization;

4.Travel expenses for an officeholder, provided that the travel is undertaken as an ordinary and necessary expense of seeking, holding, or maintaining public office, or seeking, holding, or maintaining a position within the legislature or other publicly elected body. If a candidate or officeholder uses campaign funds to pay expenses associated with travel that involves both personal activities and campaign or officeholders activities, the portion of expenses that result from personal activities shall not be paid with campaign funds.

a.Travel: A candidate or officeholder is permitted to expend‎campaign funds for travel directly related to a campaign or officeholder activity. A candidate or officeholder expending funds for travel shall be required to file a “Vehicle Travel Accounting Report” (Form CF-101) (“MV Travel Report”) (see § 7.3 of this Part). A candidate or officeholder may seek reimbursement at a rate established by the Internal Revenue Service (IRS) for the year in which the travel is incurred.

b.Personal vehicle repair costs are prohibited.

c.The rental of a vehicle for a specific campaign or officeholder‎activity is permitted, provided that said campaign or officeholder activity must be reported.

d.The leasing of vehicles is prohibited unless the candidate or officeholder, who contends that the leasing of a vehicle is necessary for a campaign or for the officeholder to execute the duties of his or her office may, prior to using funds from a campaign account, file a request with the Board of Elections seeking authorization to use said funds to lease a vehicle.

5.Gifts of nominal value and donations of a nominal amount made on a special occasion such as a holiday, graduation, marriage, retirement or death, unless made to a member of the candidate’s or officeholder’s family.

a.“Nominal Value” shall mean a gift that does not exceed one hundred dollars ($100.00) per occasion, unless otherwise authorized by the Board of Elections prior to said expenditure being incurred.

6.Meal expenses which are incurred as part of a campaign activity or as part of a function that is related to the candidate’s or officeholder’s responsibilities, including meals between and among candidate’s and/or officeholders that are incurred as an ordinary and necessary expense of seeking, holding, or maintaining public office, or seeking, holding, or maintaining a position within the legislature or other publicly elected body;

7.Food and beverages that are purchased as part of a campaign or officeholder activity;

8.Reasonable and necessary childcare expenses for the dependent child or children of a candidate or holder of public office as a result of campaign or officeholder activity and would not otherwise have been incurred.

E.Other:

1.The use of funds from a campaign account for the purpose of grooming or enhancing one’s personal appearance is prohibited. Such prohibited expenditures include, but are not limited to: cosmetic surgery, haircuts, hairpieces, make-up, etc., provided that if said expenditure is incurred for the purpose of a specific candidate or officeholder activity, i.e., a debate, or the appearance on television or other public forum, and, provided further, that the candidate or officeholder can demonstrate that said expenditure was a necessary expenditure for said activity. Moreover, a candidate or officeholder seeking to expend funds for said purpose shall be required to report the specific candidate or officeholder activity for which said expenditure was required.

F.Any campaign funds not used to pay for the expenses of gaining or holding public office may:

1.Be maintained in a campaign account(s);

2.Be donated to a candidate for public office, to a political organization, or to a political action committee, subject to the limitation on contributions in R.I. Gen. Laws § 17-25-10.1;

3.Be transferred in whole or in part into a newly established political action committee or ballot question advocate;

4.Be donated to a tax-exempt charitable organization as that term is used in the Internal Revenue Code, 26 U.S.C. § 501(c)(3), or any subsequent corresponding internal revenue code of the United States as from time to time amended;

5.Be donated to the state of Rhode Island; or

6.Be returned to the donor.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2020-07-06 to 01/04/2022
Technical Revision — effective from 2005-03-27 to 07/06/2020
Adoption — effective from 2005-03-27 to 03/27/2005

Chapter 20 Elections

Subchapter 00

410-RICR-20-00-1 Address Confidentiality For Victims Of Domestic Abuse

410-RICR-20-00-1 § 1.1 Address Confidentiality For Victims Of Domestic Abuse

A.The Rhode Island Board of Elections has promulgated the within rules and regulations relating to address confidentiality for victims of domestic abuse pursuant to and in accordance with the provisions of R.I. Gen. Laws § 17-28-8, as amended.

B.Said rules and regulations are established pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.) and are available for public inspection, submissions, or requests at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-04-20 to 01/04/2022
Periodic Refile — effective from 2006-04-20 to 04/20/2006

410-RICR-20-00-1 § 1.2 Purpose

The following rules and regulations are adopted in order to 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 2006-04-20 to 01/04/2022
Periodic Refile — effective from 2006-04-20 to 04/20/2006

410-RICR-20-00-1 § 1.3 Eligibility

A person who is certified as a program participant in the Address Confidentiality Program (ACP) by the Office of the Secretary of State pursuant to R.I. Gen. Laws § 17-28-3 shall be eligible to cast a ballot in accordance with the provisions set forth herein.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-04-20 to 01/04/2022
Periodic Refile — effective from 2006-04-20 to 04/20/2006

410-RICR-20-00-1 § 1.4 Manner of Casting a Ballot

A.The program participant may elect to cast a ballot either:

1.in person on election day; or

2.by mail ballot.

B.Said ballot shall be executed in the manner set forth below.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-04-20 to 01/04/2022
Periodic Refile — effective from 2006-04-20 to 04/20/2006

410-RICR-20-00-1 § 1.5 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 or she resides and obtaining a “Temporary Certificate of Registration” on election day. The local board shall prepare such “Temporary Certificate of Registration” so that the program participants’ residence address indicated on the certificate shall be the address of the local board of canvassers. Upon completion of the “certificate” the local board shall direct the voter to the appropriate polling place within the city or town. The voter shall present the “certificate” to the moderator or warden, as the case may be, at the polling place where he or she will be allowed to cast his or her ballot in accordance with the provisions of R.I. Gen. Laws Chapter 17-19.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-04-20 to 01/04/2022
Periodic Refile — effective from 2006-04-20 to 04/20/2006

410-RICR-20-00-1 § 1.6 Voting by Mail Ballot

A.The program participant may vote by mail ballot by requesting a mail ballot application from the Elections Division of the Office of the Secretary of State. 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 including, but not limited to, the following:

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

2.Checking off category #1 and printing “APC” 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 pre-addressed envelope 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 the accompanying certification sheets must be sent to the Elections Division in the manner prescribed. The names of program participants voting by mail ballot shall not be made public or included in any public list of mail ballot voters.

D.Upon receipt and execution of the mail ballot, the program participant shall forward the voted ballot to the Rhode Island Board of Elections in accordance with R.I. Gen. Laws § 17-20-16.

E.At the time of mail ballot certification, all applications marked “APC” and the accompanying mail ballots shall be reviewed separately by the Board in closed session pursuant to R.I. Gen. Laws § 42-46-5(a)(3). Upon completing its review and certification of said ballots, the Board shall reconvene in open session. Those applications marked “APC” shall not be available for public inspection.

F.Mail ballots cast as part of the “ACP” program shall be tabulated in the same manner as prescribed in R.I. Gen. Laws Chapter 17-20.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-04-20 to 01/04/2022
Periodic Refile — effective from 2006-04-20 to 04/20/2006

410-RICR-20-00-1 § 1.7 Secretary of State’s Rules & Regulations

A.These rules and regulations shall be read and interpreted in conjunction with the Secretary of State’s rules and regulations adopted pursuant to R.I. Gen. Laws § 17-28-1 et seq.

B.By Order of the Rhode Island Board of Elections Roger N. Begin, Chairman

C.These rules and regulations are adopted pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-04-20 to 01/04/2022
Periodic Refile — effective from 2006-04-20 to 04/20/2006

410-RICR-20-00-1 § 1.8 CANVASSING AUTHORITY TEMPORARY CERTIFICATE OF REGISTRATION

CANVASSING AUTHORITY

TOWN OR CITY

TEMPORARY CERTIFICATE OF REGISTRATION

TO THE MODERATOR OR WARDEN OF REPRESENTATIVE DISTRICT

VOTING DIST. WARD DISTRICT

PRECINT # VOTING PLACE

THIS IS TO CERTIFY THAT

NAME

ADDRESS

IS QUALIFIED TO VOTE AT THE ELECTION

DATEPRIMARY

YOU ARE HEREBY DIRECTED AND AUTHORIZED TO ALLOW THE ABOVE NAMED PERSON TO VOTE AT THIS ELECTION

CANVASSING AUTHORITY

DATE

VOTER MUST SIGN NAME AS IT APPEARS ABOVE

R-32ORIGINAL WARDEN

CANARY BOARD OF

CANVASSERS

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-04-20 to 01/04/2022
Periodic Refile — effective from 2006-04-20 to 04/20/2006

410-RICR-20-00-2 Adjudicatory Hearings

410-RICR-20-00-2 § 2.1 Adjudicatory Hearings

A.These Rules of Practice and Procedure (hereinafter the “Part”) are adopted pursuant to R.I. Gen. Laws § 17-7-1 et seq., and relate to any and all adjudicatory hearings held before the State Board of Elections (“the Board”) in connection with any complaint filed with the Board, unless otherwise specifically exempted by law, regulation, or order of by the Board.

B.Said rules and regulations are adopted in accordance with the Administrative Procedures Act, (R.I. Gen. Laws. § 42-35-1, et seq.) and are available for public inspection at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-04-30 to 01/04/2022
Adoption — effective from 2006-04-30 to 04/30/2006

410-RICR-20-00-2 § 2.2 Definitions

A.When used in this Part, the following words, except as otherwise required by the context, shall have the following meaning:

1.“Board” means the State Board of Elections as defined in R.I. Gen. Laws § 17-7-5.

2.“Local Board” means any of the boards of canvassers for each of the cities and towns of the State of Rhode Island.

3.“State or local election official” means the Board, Secretary of State, a clerk of any city or town board of canvassers, or any individual member, employee, officer agent, or appointee thereof.

4.“Complainant” means the person who files a complaint with the Board under the terms of this Part.

5.“Executive Director” means the Executive Director of the Board.

6.“Legal counsel” means legal counsel to the Board.

7.“Party” or “Parties” means each Person named or added to a complaint pending before the Board.

8.“Respondent” means a Party who is the subject of a complaint.

9.“Regular business hours” means the regular business hours of the Board and, unless otherwise specified, shall be 8:00 a.m. to 4:00 p.m. Monday through Friday.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-04-30 to 01/04/2022
Adoption — effective from 2006-04-30 to 04/30/2006

410-RICR-20-00-2 § 2.3 Rules of Procedure

A.Complaint

1.Each and every complaint filed with the Board shall contain a short and plain statement of the claim showing that the complainant is entitled to relief and a demand for a remedy to which the complainant alleges to be entitled. All complaints must:

a.Be in writing, sworn to under oath and under penalty of perjury, signed by the complainant, and notarized on a form provided by the Board or on any other paper or form that complies with each of the requirements of this Part.

b.Include the full name, telephone number, and mailing address of the complainant.

c.Include a description of the alleged violation of law or regulation sufficient to apprise the Board and respondent of the nature and specifics of the complaint.

d.If a hearing on the record is requested, the complaint must state so.

e.The completed and verified complaint shall be filed with the Board and shall certify that a copy of the complaint was provided via U.S. mail to each respondent.

f.A complaint shall be filed no later than ninety (90) days from the occurrence of the actions or events that form the basis for the complaint, or, if later, within ninety (90) days after the Complainant knew, or with the exercise of reasonable diligence, should have known of those actions or events.

g.A complaint shall be deemed to have been filed on the day that the original signed and notarized document is actually received and filed with the Board.

B.Response

1.Each respondent shall provide a written response within seven (7) days of receipt of the complaint, unless a shorter or longer period of time is specifically permitted by the Board. The written response of each respondent shall be filed and served as provided by herein for complaints. Each respondent shall also have the right to request in writing that a hearing be held.

C.Parties

1.Each Party must have an interest relating to the subject of the action. Every action shall be brought and defended in the name of the real party in interest. The capacity to be admitted as a Party shall be determined by the law of this state and shall be decided by the Board.

D.Intervention in Pending Matter

1.Upon timely application to the Board, anyone shall be permitted, as a matter of right, to intervene in a matter pending before the Board where wither:

a.a statute or other law confers an unconditional right to intervene; or

b.when the applicant claims an interest relating to the issue which is the subject of the hearing before the Board and the applicant is so situated that disposition of the matter may as a practical matter impair or impede the applicants’ ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.

2.Upon timely application to the Board, anyone may, at the discretion of the Board, be permitted to intervene where either:

a.a statue or other law confers a conditional right to intervene; or

b.when an applicant’s claim or defense and the main matter pending before the Board have a question of law or fact in common. A person desiring to intervene shall serve a motion to intervene upon the parties to the matter pending before the Board and shall file said motion with the Board in accordance with the requirements prescribed herein.

E.Pre-hearing Conferences

1.The Executive Director or Legal Counsel to the Board may, with reasonable written notice to the representatives of the Parties, require that all Parties or their counsel to attend a pre-hearing conference to consider the following:

a.the simplification or clarification of the issues;

b.the possibility of obtaining stipulations, admissions, agreements on documents or similar agreements which will avoid unnecessary evidentiary proceedings;

c.the identification of witnesses and the limitation of the number of witnesses;

d.the possibility of agreement disposing of all or any of the issues in dispute;

e.the consideration of outstanding motions;

f.the status of settlement negotiations, if any;

g.the use of pre-filed testimony, where appropriate;

h.any matters of discovery, including limitation of date requests, document requests, or other discovery or resolving disputes as to the scope of discovery;

i.scheduling of hearings; and

j.such other matters as may aid in the disposition of the proceeding.

2.All Parties shall attend the pre-hearing conference fully prepared to discuss all matters involved in the proceedings. Failure of any Party or his or her attorney to attend the pre-hearing conference may constitute a waiver of all objections to any order or ruling issued as a result of the pre-hearing conference unless good cause is shown.

F.Representative

1.Except as may be otherwise provided by law or specifically permitted by the Board, no person may appear in a representative capacity other than members in good standing of the Bar of the State of Rhode Island. All attorneys must conform to the standards of ethical conduct required of practitioners before the courts of Rhode Island.

G.Filing of Pleadings and Other Documents

1.All pleadings and other documents filed with the Board shall, wherever possible, state the file number assigned by the Board, the title of the proceeding and the name of the Party on whose behalf the filing is made. No filings may be made by telecopier or facsimile. All papers shall be filed during Regular Business Hours. The Board’s date stamp shall be the presumptive date of the actual filing. The original copy of each pleading shall be signed and dated by the Party on whose behalf the pleading is made or by the Party’s authorized representative. This signature constitutes a certification that the individual has read the document, knows the contents thereof and to the best of his/her knowledge that such statements are true, that it is not interposed for delay, and that if the pleading has been signed by an authorized representative, he/she has full power and authority to do so. All pleadings shall be liberally construed and errors or defect therein which do not mislead or affect the substantial rights of the Parties involved may be disregarded at the sole discretion of the Board.

H.Service

1.Service upon Parties and Others. A copy of all pleadings and other documents filed in any proceeding governed by this Part shall be served upon all other Parties.

2.Manner of Service. Service under this Part shall be made upon a Party or upon the Party’s attorney, if any appearance has been entered, by first class mail postage prepaid, certified mail or hand delivery to his or her place of business, home address or other address supplied by the Party in the pleadings. Service by mail is complete upon mailing.

3.Certificate of Service. There shall accompany and be included in the original of each pleading filed with the Board a certificate of service showing service on all Parties.

I.Time

1.Computation. Computation of any time period referred to in this Part shall begin with the first day following the act which initiates the running of the time period (including Saturday, Sunday and legal holidays). The last day of the time period so computed is to be included unless it is a Saturday, Sunday or legal holiday or any other day on which the Board is closed, in which case the period shall run until the end of Regular Business Hours of the next following business day.

2.Extensions of Time. It shall be within the discretion of the Executive Director, Legal Counsel to the Board, or the Board for good cause shown, to extend any time limit. All requests for extensions of time shall be made by motion before the expiration of the applicable time period.

J.Motions

1.General. Any Party may request of the Board any order or other action not inconsistent with law or this Part . The types of motions made shall be those which are permissible under this Part and the Superior Court Rules of Civil Procedure.

2.Presentation/Objections to Motions. Motions may be made in writing at any time before or after the commencement of a pre-hearing conference or hearing. Each motion shall set forth the grounds for the desired order or action and state whether oral argument is requested. Unless another period of time is prescribed by the Board, a Party opposing said motion must file a written objection to said motion within ten (10) days from the filing of said motion, and shall, if desired, request oral argument. All motions and objections shall be accompanied by a written memorandum specifying the legal and factual basis in support of the Party’s position.

3.Action on Motion. The Board, or its Executive Director or Legal Counsel shall determine if oral argument on the motion is warranted, and shall give notice of the time and place for such argument. The Board may rule on a motion with or without oral argument, as it deems appropriate. The Board may act on a motion when all Parties have responded thereto, or the deadline for response has passed, whichever comes first.

4.The Executive Director or Legal Counsel may also rule on any motion filed with the Board, including dispositive motions, provided however, that said ruling shall be in the form of a Recommendation and Order to the Board. Within ten (10) days from the filing of any Report and Recommendation, a Party to such action may file a motion with the Board to reconsider said Report and Recommendation. The Board shall then review the Report and Recommendation and take whatever action it deems appropriate, including but not limited to a modification, rejection or adoption of said Report and Recommendation. In the event that no Party opposes the Report and Recommendation within the allotted time, said decision shall be deemed final with respect to the pending case.

K.Discovery

1.Procedure. If permitted by the Board, any Party, by written request served upon all other Parties, may request another Party to produce for inspection, copying or photocopying a document, object or tangible thing which is relevant to the subject matter of the hearing. Any such request for discovery shall be submitted within the time specified by the Board for conducting discovery. Any Party wishing to object to discovery requests shall do so within fourteen (14) days from the date that said requests are served upon a Party or his or her counsel.

2.Hearing Delay. No hearing shall be continued to permit the completion of discovery unless specifically ordered by the Board.

L.Subpoenas

1.Subpoenas requiring the attendance and testimony of witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates and other evidence that may be necessary or proper for the determination and decision of any question before the Board may be issued by the Board upon application of any Party. Except as may be otherwise provided by law, in cases where a subpoena is disobeyed, the Board may hold the responding Party in contempt or take any other action that the Board deems appropriate.

M.Evidence

1.Rules of Evidence. Irrelevant, immaterial or unduly repetitious evidence shall be excluded in all proceedings. While the rules of evidence and procedure as applied in civil cases in the Superior Court shall be followed to the extent practicable, the Board shall not be bound by such rules. Evidence not otherwise admissible may be admitted, unless precluded by statute, when necessary to ascertain facts not reasonably susceptible of proof under the rules, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The rules of privilege recognized by law shall apply. Objections to evidentiary offers may be made and shall be noted in the record.

N.Conduct of Hearings

1.Order of Proceedings. Except as otherwise required by law or the Board, each Party may make an opening statement at the beginning of the hearing which shall summarize the Party’s position and set forth the evidence that shall be introduced in support thereof. Any such openings shall be limited to no more than ten (10) minutes, unless otherwise provided by the Board. The Board shall designate the order of presentation. Under normal circumstances, the moving Party shall first present his or her case.

2.Rights of Parties. Parties shall have the right to present evidence, arguments and make motions and may, at the discretion of the Board, cross-examine witnesses.

3.Record of Proceedings. A complete record of the proceedings shall be recorded on audio tape or by stenographic record.

4.Public Hearings. Except as required by law, all hearings are to be open to the public. Any person who is not a Party to a proceeding may, in the discretion of the Board, be permitted to make oral or submit written statements on any issues relevant to the proceeding.

5.Close of Proceedings. At the conclusion of the evidence, the Board may permit the Parties to present oral arguments and/or submit written briefs. The Board may also direct that proposed findings of fact and conclusions of law be submitted by the Parties. The record in the proceeding shall close after oral argument, the deadline for the filing of the briefs or upon such date as may be set by the Board. No evidence shall be admitted thereafter, unless otherwise ordered by the Hearing Officer. The Board may in any case require either Party, with appropriate notice to the other Party, to submit additional evidence in any matter relevant to the hearing.

6.Waiver of Hearing. In any proceeding, if the Parties agree to waive a hearing, the Board may dispose of the matter upon the pleadings and other submittals of the Parties and may also refer the matter to its Executive Director or Legal Counsel for a Report and Recommendation.

O.Administrative Dismissals of Complaints

1.The Executive Director or Legal Counsel may dismiss the complaint, and issue a final determination, if the complaint does not comply with the requirements set forth in these regulations or, if it is determined that the complaint does not, on its face, allege a violation of law or regulation that is under the subject matter of the Board. If no jurisdiction exists, the Executive Director or Legal Counsel shall so notify the complainant in writing. The Executive Director or Legal Counsel may dismiss the complaint, and issue a final determination, if the complaint is not filed within ninety (90) days from the date that the alleged violation occurred.

P.Consolidation of Complaints

1.The Executive Director may consolidate multiple complaints into a single proceeding if the complaints relate to the same actions or events giving rise to the complaint, or if the complaints raise common questions of law or fact.

Q.Reconsideration

1.At any time after the issuance of a final order in any case, any Party may petition the Board to reconsider a final order. The petitioner shall file his/her motion within ten (10) days of the issuance of the final order and shall set forth the grounds upon which he/she relies. The Board may grant a motion for reconsideration within its discretion and shall order such relief as it deems appropriate.

R.Appeals

1.Any final decision by the Board is subject to the discretionary review by the Rhode Island Supreme Court through a petition for a writ of certiorari.

S.Default

1.If any Party to a proceeding fails to answer a complaint, plead, appear at a pre-hearing conference or hearing or otherwise fails to prosecute or defend an action as provided by this Part , the Board may enter a default judgment against the defaulting Party, take such action based on the pleadings and/or other evidence as the Board Officer deems appropriate in his/her sole discretion or take such other action as the Board deems appropriate in his/her sole discretion.

2.This Part is adopted this 7th day of March 2006 pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.). By Order of Rhode Island Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-04-30 to 01/04/2022
Adoption — effective from 2006-04-30 to 04/30/2006

410-RICR-20-00-3 Administrative Complaint Procedure

410-RICR-20-00-3 § 3.1 Administrative Complaint Procedure

A.The Rhode Island Board of Elections hereby adopts this Part for the establishment of an administrative complaint procedure pursuant to and in accordance with Title IV, Section 402(a)(2) of the Help America Vote Act of 2002 (“HAVA”) (P.L. 107-282) and the provisions of R.I. Gen. Laws § 17-7-5, as amended.

B.This Part is adopted pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.) and are available for public inspection at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2004-03-25 to 01/04/2022
Adoption — effective from 2004-03-25 to 03/25/2004

410-RICR-20-00-3 § 3.2 Purpose

The Rhode Island Board of Elections (“Board”) hereby adopts this Part in order to carry out the adoption, maintenance, and implementation of the administrative complaint procedure required by the Help America Vote Act of 2002 (“HAVA”), in accordance with the requirements of Title IV, Section 402(a)(2).

History

Periodic Refile — effective from 2022-01-04 to current
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410-RICR-20-00-3 § 3.3 Application

This Part provides for an administrative complaint procedure for persons who believe that a state or local election official in a federal election violated Title III of the Help America Vote Act of 2002 and shall be applied uniformly and in a nondiscriminatory fashion to all complaints filed hereunder.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2004-03-25 to 01/04/2022
Adoption — effective from 2004-03-25 to 03/25/2004

410-RICR-20-00-3 § 3.4 Definitions

A.For purposes of this Part, the following terms shall have the meanings set forth herein:

1."Complainant" means the person who files a complaint with the Board under the terms of this chapter.

2."Federal election" means an election at which a federal office appears on the ballot.

3.“Federal office” means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress pursuant to Section 301(3) of the Federal Election Campaign Act.

4."Respondent" means any state or local board or election official whose actions are alleged, in a written complaint provided for herein, to be in violation of Title III of the Help America Vote Act of 2002.

5."Board" means the State Board of Elections as defined in R.I. Gen. Laws § 17-7-5.

6."Local Board" means any of the Board of Canvassers for each of the cities and towns of the State of Rhode Island.

7."State or local election official" means the Board, the Secretary of State, a clerk of any city or town board of canvassers, a local board, or any individual member, employee, officer, agent, or appointee thereof.

8."Title III" means Title III of the Help America Vote Act of 2002, Public Law 107-252, 116 Stat., 1666 (2002), codified at 42 U.S.C. §§ 15481 through 15485.

9."Presiding officer" means the person appointed by the Board to conduct a hearing on a complaint.

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410-RICR-20-00-3 § 3.5 Filing of Complaints

A.Any person who believes that there has been a violation of any provision of Title III (that either has occurred, is occurring, or is about to occur), by any state or local election official may file a complaint with the Board in which the alleged violation occurred, as provided under these regulations. All complaints must:

1.Be in writing, sworn to under oath and under penalty of perjury, signed by the complainant, and notarized on a form provided by the Board or on any other paper or form that complies with each of the requirements of these regulations. Complainants shall receive instructions as to the complaint process and their rights to a hearing.

2.Include the full name, telephone number, and mailing address of the complainant.

3.Include a description of the alleged violation of Title III sufficient to apprise the Board and respondent of the nature and specifics of the complaint.

4.If a hearing on the record is requested, the complainant must so state.

5.The completed and verified complaint shall be filed with the Board and shall certify that a copy of the complaint was provided via U.S. mail to each respondent. Respondents shall be provided the same information given complainants in § 3.5(A)(1) of this Part above.

6.Each respondent shall provide a written response within seven (7) days of receipt of the complaint, unless the parties agree on a longer time. The written response of each respondent shall be filed and served as provided by herein for complaints. Each respondent shall also have the right to request in writing that a hearing be held.

7.A complaint shall be filed within 90 days after the occurrence of the actions or events that form the basis for the complaint, including the actions or events that form the basis for the complainant’s belief that a violation is about to occur, or, if later, within 90 days after the complainant knew, or with the exercise of reasonable diligence, should have known of those actions or events.

8.A complaint shall be deemed to have been filed on the day that the original signed and notarized document is actually received and filed with the Board.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2004-03-25 to 01/04/2022
Adoption — effective from 2004-03-25 to 03/25/2004

410-RICR-20-00-3 § 3.6 Processing of Complaints

A.The Board, at its sole discretion, may process a complaint in any of the following ways:

1.The executive director of the Board may dismiss the complaint, and issue a final determination, if the complaint does not comply with the requirements set forth in these regulations or, if the complaint does not, on its face, allege a violation of Title III with regard to a federal election.

2.The executive director of the Board may dismiss the complaint, and issue a final determination, if the complaint is not filed within ninety (90) days of the final certification of the federal election at which the alleged violation took place.

3.The Board may, upon agreement of all the parties, resolve the complaint informally, and issue a final determination without a formal proceeding. Any such informal resolution procedure shall be open to the public.

4.The executive director of the Board shall schedule a date, time, and place for any hearing on the record.

5.The executive director of the Board may consolidate multiple complaints into a single proceeding if the complaints relate to the same actions or events giving rise to the complaint, or if the complaints raise common questions of law or fact.

History

Periodic Refile — effective from 2022-01-04 to current
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Adoption — effective from 2004-03-25 to 03/25/2004

410-RICR-20-00-3 § 3.7 Hearings

A.If requested by the complainant, respondent, or ordered by the Board, and the complaint has not been summarily dismissed under the provisions of these regulations, the Board shall schedule a hearing that shall proceed as follows:

1.The hearing shall be tape recorded and/or transcribed, and the tape and/or transcript shall constitute the official record of the hearing.

2.Written notice of the hearing shall be given to all parties setting forth the date, time, and place of the hearing, and notice shall be sent to the mailing addresses set out in the complaint. When it is deemed reasonable by the executive director of the Board, said hearing shall be conducted within five (5) days from the date of filing the complaint with the Board.

3.At the hearing, each party shall be given an opportunity to explain their positions and present evidence to support their position. At the sole discretion of the Board or presiding officer, this presentation may include documents, witnesses, oral argument, and tangible things relevant to the determination of the complaint. Any cross-examination shall be at the sole discretion of the Board or presiding officer. However, a person may testify or present evidence to contradict any other testimony or evidence. The record of the hearing shall consist of the written complaint, the written response(s), the tape and/or transcription of the hearing, and any documents/exhibits introduced at the hearing.

4.A complainant, any respondent, or other person who testifies or presents evidence at the hearing may, but need not, be represented by an attorney.

5.If the hearing is on consolidated complaints, then the complainants may be allowed or required to designate a single representative party to advocate for the consolidated class at the hearing.

6.If the Board or presiding officer permits witnesses to testify, then they must be sworn in prior to their testimony being given.

7.If a complainant fails to appear at the hearing, then the complaint may be dismissed with prejudice.

History

Periodic Refile — effective from 2022-01-04 to current
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Adoption — effective from 2004-03-25 to 03/25/2004

410-RICR-20-00-3 § 3.8 Determination

A final determination on the complaint shall be made in writing within ninety (90) days of the filing of the complaint. A copy of the determination shall be mailed to the complainant(s) and the respondent(s). This time period may only be extended upon the written consent of the complainant. The final determination of the Board or presiding officer shall be final and is only subject to discretionary review by the Rhode Island Supreme Court. The determination shall include notice of the availability of judicial review and the procedure for filing an appeal. If the presiding officer determines that there was a past, present or potential violation of Title III, then the written determination shall state the facts of the violation, set forth the specific violation of Title III, and provide for a remedy. The remedy awarded shall be directed to the improvement of processes or procedures governed by Title III, and must be consistent with state law.

History

Periodic Refile — effective from 2022-01-04 to current
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Adoption — effective from 2004-03-25 to 03/25/2004

410-RICR-20-00-3 § 3.9 Alternative Dispute Resolution

A.If a final determination of a complaint is not made within ninety (90) days of the filing of the complaint and the complainant does not agree in writing to an extension, then the complaint shall be referred to a review panel comprised of one to three persons selected by the Board.

B.The review panel shall issue a final determination on the complaint within sixty (60) days of the referral. The review panel shall make its determination, on the record, of the hearing provided for in any proceeding that was held before the panel and shall not conduct any further proceedings, if the hearing was held and completed. If the hearing was not held or completed, then the review board shall conduct the hearing as prescribed in these regulations.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2004-03-25 to 01/04/2022
Adoption — effective from 2004-03-25 to 03/25/2004

410-RICR-20-00-3 § 3.10 Publication of Decisions

A.All final determinations shall be published and retained in the permanent archival records of the Board by attaching said determination to the meeting minutes of the Board that is next held after the final determination was issued.

B.This Part is adopted this day of December 2003 pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.). By Order of the Rhode Island Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2004-03-25 to 01/04/2022
Adoption — effective from 2004-03-25 to 03/25/2004

410-RICR-20-00-4 Ballot Applications, Certification by Voter and Certified Voting Lists at the Polling Place

410-RICR-20-00-4 § 4.1 Purpose

The within rules and regulations are hereby proposed for the purpose of establishing a procedure for the design of ballot applications, certification by voter and certified voting lists and their usage at the polling place in conjunction with the procedures set forth in R.I. Gen. Laws § 17-19-24.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-29 to 01/04/2022
Technical Revision — effective from 2008-03-03 to 08/29/2018
Adoption — effective from 2008-03-03 to 03/03/2008

410-RICR-20-00-4 § 4.2 Authority

A.The Rhode Island Board of Elections hereby establishes within rules and regulations relating to ballot applications, certification by voter and certified voting lists and their usage at the polling place, pursuant to and in accordance with R.I. Gen. Laws § 17-19-24 et seq., as amended.

B.Said rules and regulations are proposed pursuant to the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35 et seq.) and are available for public inspection at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-29 to 01/04/2022
Technical Revision — effective from 2008-03-03 to 08/29/2018
Adoption — effective from 2008-03-03 to 03/03/2008

410-RICR-20-00-4 § 4.3 Definitions

"Ballot application" means an application issued to a voter at the polling place on which a voter must certify their name and home address as their own, and before they are issued an official ballot. The ballot application is to be used only at the express direction of the Board of Elections or its Executive Director in the event that the Epoll books are unavailable due to exigent circumstances, including any technical difficulty, power outage or security breach.

"Board of Canvassers" or "Local Board" means the board of canvassers in a city or town.

“Certification by voter” means an attestation by the voter as to his or her name, home address and party affiliation, if any.

"Board of Elections" or "State Board" means the Rhode Island Board of Elections.

"CVRS" means "Central Voter Registration System," which is a database maintained by the Office of the Secretary of State as a statewide voter registration and election history computer system.

"Certified voting list" means the official list of voters for each precinct as completed by the various canvassing boards.

"Election" means any election, primary, or referendum.

“Epoll book” means the electronic version of the certified voting list, street directory and ballot application.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-29 to 01/04/2022
Technical Revision — effective from 2008-03-03 to 08/29/2018
Adoption — effective from 2008-03-03 to 03/03/2008

410-RICR-20-00-4 § 4.4 Certified Precinct Voting List

4.4.1 List Setup and Labels

A.The Board of Canvassers shall certify the list of qualified voters for each precinct in accordance with R.I. Gen. Laws § 17-19-24. Each certified list of qualified voters shall be generated by the Central Voter Registration System ("CVRS").

B.The certified list shall consist of each voter’s name in alphabetical order listing the last name, first name and middle initial, address, date of birth, voter identification number and, when using a paper version, a corresponding bar code. The paper version of the certified list shall also include the party affiliation in partisan primaries ONLY. The list shall identify voters required to present identification, voters who have applied for or a mail ballot or voters listed as an inactive voter. The local board shall manually or electronically identify on the list the names of any voter who has voted or applied for an emergency mail ballot.

C.The paper version of the certified list shall also contain a corresponding removable label with duplicate information for each voter that shall be removed and attached to the ballot application. Each individual label shall have dimensions measuring 1 x 3.25".

4.4.2 Format of the Certified Precinct Voting List

A.Any certified voting list used in a polling place shall conform to the following format:

1.Epoll book

The certified precinct voting list shall be accessed through the Epoll book which shall be provided to each polling place. Each polling place must use the Epoll book for accessing the certified precinct voting list unless expressly directed by the Board or its Executive Director to use the paper, bound version of the certified voting list. The use of the paper version of the certified voting list shall be restricted to instances when the Epoll book is unavailable due to exigent circumstance, as set forth under § 4.3 and determined by the Board or its Executive Director.

2.The paper version of the certified voting list shall be provided to each polling place and it shall list voters in alphabetical order by last name, with a page break between each letter of the alphabet so that no two voters with last names beginning with different letters shall be listed on the same page.

3.Volumes

The paper version of the certified precinct voting list may be divided into separate volumes of the alphabet by the local board.

4.Binding

Any paper version of the certified voting list volume used in a polling place shall be bound along the left margin and contained within a binder or any other such device to protect the integrity of the list. Each binder shall display a cover prominently indicating the precinct number, city/town, portion of the alphabet contained within the volume, and any other information required by law.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-29 to 01/04/2022
Technical Revision — effective from 2008-03-03 to 08/29/2018
Adoption — effective from 2008-03-03 to 03/03/2008

410-RICR-20-00-4 § 4.5 Other Lists

A.Certified Master Voting List

1.Each polling place shall receive an Epoll book, which shall include a master list of all registered voters within the city/town eligible to vote in the election.

2.The paper version of the master list must include all registered voters within the city/town eligible to vote in the election. The paper version should follow all binding procedures laid out. The list shall be bound by the local board to ensure that the integrity of the list is maintained. The list shall display a cover prominently indicating the term "Master Voting List," the city/town and any other information required by law.

B.Street Directory

1.The Epoll book shall contain every street address range within the city/town and corresponding assigned precinct for each address range, that shall be used by the Clerk in administering the requirements of Fail-safe voting contained in R.I. Gen. Laws § 17-9.1-16.

2.The local board shall also deliver to each polling place a bound certified master list to be used only under the direction of the Board of Elections or its Executive Director when Epoll books are unavailable due to exigent circumstances.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-29 to 01/04/2022
Technical Revision — effective from 2008-03-03 to 08/29/2018
Adoption — effective from 2008-03-03 to 03/03/2008

410-RICR-20-00-4 § 4.6 Procedure for Voting

A.Procedure

1.The voter shall present a valid photo identification. In the event that a voter does not present a valid photo identification, the voter shall be provided a provisional ballot in accordance with the Provisional Voting regulation, 410-RICR-20-00-13. Once identity has been confirmed, the Epoll book shall electronically search and locate the voter on the certified voter list. The voter shall then state his/her name and address to the bipartisan pair of Supervisors. Once the voters name is clearly repeated back to them, the bipartisan pair of Supervisors shall confirm that the voter’s information matches the information set forth in the Epoll book and shall repeat the voter's name and address in a loud, clear and distinct voice. The voter shall sign the Epoll book with his or her name as it appears in the Epoll book. In party primaries only, after repeating the voter’s name and address, the bipartisan pair shall confirm the party affiliation listed on the certified voting list. Unaffiliated voters signing the Epoll book must choose on the signature screen the party ballot they wish to cast. In the event that the voter is unable to sign his or her name on the Epoll book, he or she shall be provided an alternative paper-based form of voter attestation.

2.After witnessing the voter's signature or mark, the bipartisan pair of Supervisors shall initial the Epoll book and shall press “accept” on the Epoll book.

3.The bipartisan pair of Supervisors shall then issue a ballot to the voter. In party primaries, only, the bipartisan pair of Supervisors must issue the voter a ballot corresponding to the party the voter is affiliated with. Unaffiliated voters will be given the ballot of the party they designated on the Epoll book.

4.If the bipartisan pair cannot locate the voter's name on the certified voting list for the precinct set forth in the Epoll book, or if in a primary only the voter states the party affiliation listed is incorrect, the bipartisan pair of Supervisors shall direct the voter to the Clerk who shall review the master certified voting list and determine if the voter is registered to vote in the city or town and in which voting precinct they are eligible to vote. The Clerk shall provide voter affirmation forms or provisional ballots to voters as necessary.

5.If the Board or its Executive Director determines that exigent circumstances exist, the Supervisors, under the direction of the Board of Elections, will utilize the paper version of the certified voting list for the precinct. Upon finding the voter’s name on the certified voting list for the precinct the Supervisor shall affix the voter’s label from the certified voting list onto a prenumbered ballot application issued in numerical order and the voter shall sign on the line adjacent next to the label on the ballot application. In party primaries only, after noting the voter’s party affiliation, the bipartisan pair of supervisors must affix the voter’s label to the appropriate party ballot application.

B.Discrepancies

Any discrepancies by polling place election officials involving the Epoll book, the certified voting list and/or ballot applications shall be noted in detail on the Board of Elections discrepancy report. The following discrepancies shall be processed as follows:

1.If a voter signs the Epoll book then decides not to complete the voting process by casting his or her ballot into the digital scan unit and instead surrenders his or her ballot to the Warden/Moderator, the voter will complete a Surrender of Ballot form. This form will be delivered to the Board in the Board return bag and the voter’s check-in will be deleted by the Board. If after surrendering the initial ballot and completing the Surrender of Ballot form the voter returns to the polling location, the voter will be allowed to vote a provisional ballot.

2.When utilizing ballot applications and a voter signs his or her ballot application but does not complete the voting process by casting his or her ballot into the digital scan unit and instead surrenders his or her ballot to the Warden/Moderator, the ballot application shall be voided. If the voter returns, the bipartisan pair of Supervisors shall confirm the voter’s initial application has been voided and that voter shall repeat the ballot application process.

3.When utilizing ballot applications, if a voter's name is not listed on the certified precinct voting list, but is listed on the certified master voting list for the city/town and the master voting list indicates the voter is assigned to that precinct, the voter shall be allowed to manually complete a ballot application by printing his/her name and address and signing his/her name.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-29 to 01/04/2022
Technical Revision — effective from 2008-03-03 to 08/29/2018
Adoption — effective from 2008-03-03 to 03/03/2008

410-RICR-20-00-4 § 4.7 Delivery of Lists

A.The Epoll books containing the certified voting lists shall be delivered by the local board to the polling place on or before Election Day and before the polls open. The local board shall ensure the security of the Epoll books at all times.

B.The paper version of the certified voting list shall be delivered by the local board to the polling place on or before Election Day and before the polls open.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-29 to 01/04/2022
Technical Revision — effective from 2008-03-03 to 08/29/2018
Adoption — effective from 2008-03-03 to 03/03/2008

410-RICR-20-00-4 § 4.8 Voter History

A.The Secretary of State shall upload from the Epoll books to the CVRS the voter history records of all voters who completed a voter attestation and cast a ballot in the election within 21 days of the election.

B.Except as otherwise directed by the state board, the local board shall update in the CVRS the voter history records of all voters who completed a ballot application and cast a ballot in the election within 21 days of the election.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-29 to 01/04/2022
Technical Revision — effective from 2008-03-03 to 08/29/2018
Adoption — effective from 2008-03-03 to 03/03/2008

410-RICR-20-00-4 § 4.9 Incident Reports

In the event that the Epoll books become unavailable due to exigent circumstances, or otherwise fail to function properly, the local board of canvassers or polling official shall prepare a log of the event which shall then be reported to the Board.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-29 to 01/04/2022
Technical Revision — effective from 2008-03-03 to 08/29/2018
Adoption — effective from 2008-03-03 to 03/03/2008

410-RICR-20-00-4 § 4.10 Implementation

The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-08-29 to 01/04/2022
Technical Revision — effective from 2008-03-03 to 08/29/2018
Adoption — effective from 2008-03-03 to 03/03/2008

410-RICR-20-00-5 Declaration of Candidacy - Multiple Declarations

410-RICR-20-00-5 § 5.1 Declaration of Candidacy - Multiple Declarations

A.The Rhode Island Board of Elections hereby adopts this Part relating to declarations of candidacy pursuant to and in accordance with R.I. Gen. Laws § 17-14-1 et seq., as amended.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-05-18 to 01/04/2022
Adoption — effective from 2010-05-18 to 05/18/2010

410-RICR-20-00-5 § 5.2 Purpose

The within Part is proposed by the Board of Elections in order to clarify the provisions of R.I. Gen. Laws § 17-14-1 et seq.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-05-18 to 01/04/2022
Adoption — effective from 2010-05-18 to 05/18/2010

410-RICR-20-00-5 § 5.3 Definitions

"Declaration of candidacy" means the procedures set forth in R.I. Gen. Laws § 17-14-1 et seq.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-05-18 to 01/04/2022
Adoption — effective from 2010-05-18 to 05/18/2010

410-RICR-20-00-5 § 5.4 Multiple Declarations of Candidacy

A.Each person filing a declaration for either a state or local office shall be eligible to declare for no more than one state or local office pursuant R.I. Gen. Laws § 17-14-1 et seq. If a voter files a declaration of candidacy for more than one state or local office during the declaration period, the last declaration filed shall negate any previous filings.

B.Declaration papers prepared by the Secretary of State's Office will contain language stating that the person declaring for office acknowledges by signing the declaration of candidacy, that their signature and filing of the declaration paper negates any and all previous declarations of candidacy filed during the current declaration period for state or local office.

C.The Local Boards of Canvassers will acknowledge receipt of the declaration paper received by the person declaring for candidacy by time stamping or recording the date and time the declaration for office.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-05-18 to 01/04/2022
Adoption — effective from 2010-05-18 to 05/18/2010

410-RICR-20-00-5 § 5.5 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within Part required under the Rhode Island General Laws.

B.This Part was adopted at a meeting of the State Board of Elections held on the 21st day of April 2010 pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.). By Order of the Rhode Island Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-05-18 to 01/04/2022
Adoption — effective from 2010-05-18 to 05/18/2010

410-RICR-20-00-6 Election Training Seminars

410-RICR-20-00-6 § 6.1 Election Training Seminars

A.The Rhode Island Board of Elections hereby adopts this Part relating to Election Training Seminars pursuant to and in accordance with R.I. Gen. Laws Chapter 17-7.

B.Said Part is adopted pursuant to the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35 et seq.) and are available for public inspection at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2013-07-29 to 01/04/2022
Adoption — effective from 2013-07-29 to 07/29/2013

410-RICR-20-00-6 § 6.2 Purpose

This Part is adopted by the Rhode Island Board of Elections to ensure the compliance and execution of R.I. Gen. Laws § 17-7-5(1).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2013-07-29 to 01/04/2022
Adoption — effective from 2013-07-29 to 07/29/2013

410-RICR-20-00-6 § 6.3 Definitions

"Board of Canvassers" or "Local Board" means the board of canvassers in a city or town.

"Board of Elections" or "State Board" means the Rhode Island Board of Elections.

"Election seminar" means a training session conducted by the State Board of Elections that provides the local board of canvassers with guidance and policy on upcoming Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2013-07-29 to 01/04/2022
Adoption — effective from 2013-07-29 to 07/29/2013

410-RICR-20-00-6 § 6.4 Purpose of Seminars

R.I. Gen. Laws § 17-7-5(1) states that the State Board of Elections has "general supervision of the administration of the election law by the local boards." The State Board conducts election seminars for the local boards of canvassers that review state and federal election law, and the policies, procedures and practices of elections in Rhode Island. The seminars are designed to promote the uniformity of elections statewide and ensure fair and efficient elections that conform to best election practices

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2013-07-29 to 01/04/2022
Adoption — effective from 2013-07-29 to 07/29/2013

410-RICR-20-00-6 § 6.5 Attendance of Seminars

Each city must assign at least 2 (two) employees, and each town must assign at least 1 (one) employee, to attend each seminar. The assigned employee is in addition to any Board of Canvasser member to be in attendance. The Board may require the attendance of additional municipal employees with prior notice.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2013-07-29 to 01/04/2022
Adoption — effective from 2013-07-29 to 07/29/2013

410-RICR-20-00-6 § 6.6 Penalty for Non Compliance

Any local board that fails to send a representative to attend the States Election Seminar shall be subject to the penalties in R.I. Gen. Laws Chapter 17-26.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2013-07-29 to 01/04/2022
Adoption — effective from 2013-07-29 to 07/29/2013

410-RICR-20-00-6 § 6.7 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement this Part required under the Rhode Island General Laws.

B.This Part was adopted at a meeting of the State Board of Elections held on the 18th day of June 2013 pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.). By Order of the Rhode Island Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2013-07-29 to 01/04/2022
Adoption — effective from 2013-07-29 to 07/29/2013

410-RICR-20-00-7 Filing Protests

410-RICR-20-00-7 § 7.1 Filing Protests

A.The Rhode Island Board of Elections hereby adopts rules and regulations relating to voting procedures and filing protests pursuant to and in accordance with R.I. Gen. Laws §§ 17-7-5, 17-15-34, and 17-15-35.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-7 § 7.2 Purpose

This Part is adopted by the Board of Elections for the purpose of clarifying and expanding upon R.I. Gen. Laws §§ 17-7-5, 17-15-34, and 17-15-35.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-7 § 7.3 Definitions

"CVRS" means the Central Voter Registration System database created under R.I. Gen. Laws § 17-6-1.2.

"Computer ballot" means the paper ballot prepared by the Office of the Secretary of State for use in conjunction with the optical scan precinct count system.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-7 § 7.4 Voting Procedures - Limitations of the CVRS

A.Under the current procedure for voting, the CVRS does not always immediately reflect the accurate post-election results as determined by a count of the computer ballots. These delays can create the appearance of inconsistencies between the number of signed voter applications collected and the number of computer ballots collected in any given voting precinct.

B.Therefore, due to the lack of reliability of CVRS data immediately following an election, any evidence related to the CVRS will not be deemed competent or admissible evidence in any protest hearing.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-7 § 7.5 Requirements for Filing Protests

A.Primaries

Pursuant to R.I. Gen. Laws § 17-15-34, a candidate protesting a primary election must file the protest with the Board of Elections no later than four o'clock (4:00) p.m. on the day following the primary. Every primary election protest must state the specific factual and legal arguments supporting the protest.

B.General Elections

Pursuant to R.I. Gen. Laws § 17-7-5(11), a person protesting the results of a general election must file the protest no later than four o'clock (4:00) p.m. on the seventh (7) day following the election. Every general election protest must state the specific factual and legal arguments supporting the protest.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-7 § 7.6 Amending Protests

Protests may only be amended with the prior approval of the Board of Elections. Any request to amend a protest must be submitted to the Board of Elections in writing no later than twenty-four (24) hours before the scheduled protest hearing and must contain any relevant factual or legal arguments to support the proposed amendment.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-7 § 7.7 Protest Hearings - Admissibility of Evidence

The only evidence admissible at a protest hearing is evidence relevant to the factual and legal arguments stated within the protest on file. The introduction of hearsay evidence shall only be permitted to the extent allowed by the Rhode Island Rules of Evidence.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-7 § 7.8 Board Authority

Nothing in this Part shall prohibit the Board of Elections from acting on its own motion.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-7 § 7.9 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within Part required under the Rhode Island General Laws.

B.This Part was adopted at a meeting of the State Board of Elections held on the 24th day of March 2010 pursuant to the Administrative Procedures Act (R.I. Gen. Laws 42-35-1, et seq.). By Order of the Rhode Island Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-8 Investigations

410-RICR-20-00-8 § 8.1 Investigations

A.The Rhode Island Board of Elections hereby establishes within rules and regulations relating to investigations, pursuant to and in accordance with R.I. Gen. Laws § 17-7-1 et seq., as amended

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2008-03-03 to 01/04/2022
Technical Revision — effective from 2008-03-03 to 03/03/2008
Adoption — effective from 2008-03-03 to 03/03/2008

410-RICR-20-00-8 § 8.2 Investigation Procedure

8.2.1Scope and Purpose

A.The Rhode Island Board of Elections (Board), pursuant to its authority and responsibility to investigate possible violations of election laws, sets forth the Investigation Procedure under which it shall conduct investigations into possible violations of election laws (including the campaign finance law) of the State of Rhode Island.

B.Nothing contained in this Investigation Procedure shall constitute a limitation on the Board's authority, pursuant to R.I. Gen. Laws § 17-7-1, et seq., to conduct expedited inquiries, investigations and hearings on exigent matters, relating to possible violations of laws or regulations which could impede or affect the fair administration and/or outcome of an election.

8.2.2Initial Investigation

A.The Board, through its Executive Director and staff ("staff'), may initiate an informal, initial investigation concerning any matters relating to the election laws of the State of Rhode Island. The investigation may include staff review of documents and informal inquiries by Board staff of candidates, political action committees, political parties or other persons who are subject to and governed by the election laws of the State of Rhode Island. Such an initial investigation may also include inquiries to and communications with other persons or legal entities that may have relevant information.

B.In the event that the Board staff determines that a more formal inquiry is appropriate, the Board, either by vote of the Commissioners or at the discretion of the Executive Director or staff, may conduct further inquiries as set forth in the following section.

8.2.3Formal Investigation

A.The Board, by decision, which may be made in executive session, may conduct a formal investigation into possible violations of election laws or regulations. In such a situation, the subject of the investigation shall be notified and shall have the right to be represented by legal counsel. The notice to the subject of the investigation will briefly identify or summarize the basis for the decision to conduct said investigation. A formal investigation may include, but is not limited to, the following:

1.An audit of a candidate's books and records;

2.Interviews of candidates, agents and representatives of candidates, political action committees, and political party committees;

3.Investigations into reported contributions by contacting reported contributors;

4.Verification of disbursement information by contacting vendors;

5.Submission of written questions to the subject of the investigation or other persons who may have relevant knowledge or information;

6.Requests for the production of documents; and

7.Conducting depositions under oath.

B.The Board staff, as well as any designated agent, including legal counsel, may conduct private interviews with any individual who may have information relevant to any matter under investigation. Any person who is so interviewed shall have the right to have his or her legal counsel present. Interviews may be conducted under oath or affirmation and may be recorded by hand, electronically or by stenographic means.

8.2.4Subpoenas and Subpoena Duces Tecum

A.The Board has the statutory authority to issue subpoenas, signed by the Board's Executive Director acting as its Secretary, requiring any person to attend and to provide testimony by deposition and/or to produce books, records, correspondence and any other documents or evidence, including any documents or evidence in electronic form, that may be relevant to the matter under investigation.

B.A witness required by subpoena to testify or to produce documents and/or other evidence shall comply with the subpoena, unless otherwise authorized by the Board's representative. A timely written request for a change of date or time will ordinarily be allowed provided that it is not made for purposes of delay and will not interfere with the investigation.

C.A failure to attend and give testimony or to produce documents as commanded by a subpoena or subpoena duces tecum may result in contempt proceedings before the Board, pursuant to R.I. Gen. Laws § 17-7-8.

8.2.5Service of Subpoenas

A.Service of a subpoena upon a person named therein shall be made by delivering a copy to that person in the following manner:

1.Whenever service is to be made upon a person who is represented by an attorney who has filed an entry of appearance with the Board, the service shall be made upon the attorney by delivering the subpoena to the attorney or leaving a copy of the subpoena at the office of the attorney with the person in charge of the office or if neither is available, with a person of suitable age at the office of the attorney. Service may also be made by fax or email provided that the Board must receive confirmation by fax or email of receipt of the subpoena from the attorney for the subpoena to be in effect. Delivery of subpoenas to a natural person may be made by handing a copy to the person, or leaving a copy at his or her office with the person in charge of the office or if neither is available, with a person of suitable age at the office or by leaving a copy at his or her dwelling place or usual place of abode with some person of suitable age and discretion residing therein or by mailing a copy by registered or certified mail to his or her last known address or by any other method whereby actual notice is given. Service may also be made by fax or email provided that the Board must receive confirmation by fax or email of receipt of the subpoena from the person, for the subpoena to be in effect.

2.When the person to be served is not a natural person, delivery of subpoenas may be made by mailing a copy by registered or certified mail to the person at its place of business or by handing a copy to a registered agent for service or to any officer, director, or agent in charge of any office of such person or by mailing a copy by registered or certified mail to such representative at his or her last known address or by any other method whereby actual notice is given. Service may also be made by fax or email provided, however, that the Board must receive confirmation by fax or email of receipt of the subpoena from the person, for the subpoena to be in effect.

8.2.6 Depositions Pursuant to Subpoena

A.A witness required by subpoena to testify or produce documents or other evidence, shall be provided with the following:

1.a copy of the subpoena;

2.at least 48 hours notice of the time and place of the deposition, unless such notice will unduly interfere with the investigation; and

3.a copy of this Investigation Procedure.

B.Witnesses required by subpoena to testify or to produce documents or other evidence shall provide testimony and/or documents and other evidence under oath. The Board's staff, legal counsel or any designated special counsel, will conduct such depositions in private. A deposition may be taken before any person having the power to administer oaths.

C.Any person to whom a subpoena or subpoena duces tecum is directed may be accompanied at his or her deposition by his or her own counsel. Counsel for the witness shall not be permitted to examine or cross-examine the witness, but the witness shall have the right to consult with his or her counsel during the deposition.

D.At the deposition of a witness called to testify by subpoena, the witness, after being sworn, shall be permitted to make a brief opening statement; and at the close of his or her testimony, the witness may make a brief closing statement. The Board's representative may ask the witness additional questions after the witness's closing statement.

E.A witness or his or her counsel may object to a question on the ground of self incrimination. A witness may refuse to answer a question on the ground of this privilege. If a witness claims the privilege, he or she shall not be required to answer the question at that time.

8.2.7Deposition Materials

A.All books, papers and records produced pursuant to a subpoena issued under this section shall be retained by the Board during the pendency of the investigation.

B.Tapes, transcripts and other records and evidence obtained as the result of a subpoena shall be kept confidential during the pendency of the investigation except as otherwise necessary to further the investigation.

8.2.8Motions to Quash or Modify a Subpoena

Any person to whom a subpoena is directed may, prior to the time specified therein for compliance, but in no event more than five (5) days after the date of receipt of such subpoena, file a motion with the Board to quash or modify such subpoena, that shall contain the reason(s) therein with the Board's Executive Director and a copy shall be served upon the Board's representative in the matter. The Executive Director or any other designee of the Chairman of the Board of Elections shall after hearing, determine if the subpoena should be quashed or modified.

8.2.9Confidentiality of Investigation

A.Investigations may remain confidential to protect the privacy of the subject of the investigation and to prevent witnesses from coordinating testimony; or the destruction or tampering with evidence; or otherwise interfering with an investigation.

B.The investigation and documents, including any interview notes and deposition transcripts and exhibits, gathered or created during the investigation, shall be held confidential during the investigation, except as otherwise necessary to further the investigation.

C.If the Board finds no reason to believe that a violation has been committed, all records and papers pertaining to the investigation shall be kept confidential unless further legal proceedings are instituted.

D.Nothing herein shall be construed to prevent the introduction of evidence in federal or state court that could properly be introduced pursuant to the applicable Rules of Evidence or Rules of Procedure.

8.2.10Board Review at Conclusion of Investigation

A.Upon the conclusion of an investigation, should the Board and/or its Executive Director and staff determine that no referral or other further action is warranted, they shall close the investigation and so notify the subject of said investigation. Unless otherwise stated, the notification shall be without prejudice to reopening the investigation if the Board receives additional information.

B.When the Executive Director, staff or counsel assigned to the matter concludes that there is reason to believe that a violation of law or regulation may have occurred, they shall submit a written report to the Board Commissioners. The report shall contain a summary of the facts and legal conclusions, as well as, any recommendations. The subject of the investigation shall be served with a copy of the report and shall be given an opportunity to respond to it in writing

C.After receipt of the response or when the response time period has expired, the Board shall conduct such review and hearing, as it deems appropriate under all the circumstances involved in the particular matter which may include:

1.Finding that no violation has occurred or that the Board has no reason to believe that a violation has occurred;

2.Finding that the subject of the investigation has agreed that one or more violations have occurred of specific sections of the General Laws and/or applicable regulations and issuing a remedial order accordingly;

3.Returning the matter to the Board Executive Director, staff or counsel for additional investigation;

4.Finding that there is reason to believe that a violation or violations of specific sections of the General Laws and/or applicable regulations may have occurred and ordering that an adjudicatory proceeding be held in order to determine whether or not such violations have in fact occurred;

5.Finding that that there is reason to believe that a violation or violations of specific sections of the General Laws and/or applicable regulations may have occurred, and referring the matter to the Attorney General for possible enforcement action.

D.In the event that the subject of the investigation relates to campaign contributions and expenditure reporting requirements, R.I. Gen. Laws § 17-25-1 et seq., whenever the Board finds that it has reason to believe that a candidate, political party committee or political action committee, or the campaign treasurer or deputy campaign treasurer of a candidate or committee, has accepted a contribution or made an expenditure in violation of R.I. Gen. Laws Chapter 17-25, or willfully and knowingly has made a false statement in any of the reports required under this chapter or fail to file any report, or has otherwise violated said chapter, the Board may, in addition to all other actions authorized by law, request the Attorney General to bring an action in the name of the State of Rhode Island in the Superior Court against the person and/or committee to enjoin them from continuing the violation, or doing any acts in furtherance of the violation, and may request any other relief that the court deems appropriate.

E.In addition, the court may order the forfeiture of any or all contributions accepted in violation of and/or not reported as required by law. All such contributions so forfeited shall become the property of the State. The Superior Court is also authorized to impose a civil penalty not exceeding three times the amount of:

1.contributions made or accepted in violation of this chapter;

2.expenditures made in violation of the law; and/or

3.contributions or expenditures not reported as required by law.

F.Any funds collected pursuant to R.I. Gen. Laws § 17-25-16 shall be deposited in a fund established for the public financing of the electoral system in accordance with the Rhode Island General Laws.

G.The Board will not make a finding that the subject of an investigation has committed a violation of law or regulation without providing the subject with notice and the opportunity for a hearing. The nature of the hearing will be determined by the Board in each case based upon the nature of the case, the public and private interests involved, and the exigency of the circumstances.

H.This procedure shall not act to limit the Board's authority in any manner, including, but not limited to, conducting hearings, issuing temporary orders, ratifying consent decrees or any other duty or authority prescribed by law or practice to the Board of Elections.

8.2.11Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

B.This Part is adopted this day of May 2008 pursuant to the Administrative Procedures Act (R.I. Gen. Laws 42-35-1, et seq.).

C.By Order of the Rhode Island Board of Elections. Adopted at a meeting of the State Board of Elections held on this day of May 2008.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2008-03-03 to 01/04/2022
Technical Revision — effective from 2008-03-03 to 03/03/2008
Adoption — effective from 2008-03-03 to 03/03/2008

410-RICR-20-00-9 Challenging of Mail Ballots

410-RICR-20-00-9 § 9.1 Challenging of Mail Ballots

A.The Rhode Island Board of Elections hereby adopted the within rules and regulations relating to the challenging of mail ballots pursuant to, and in accordance with, the provisions of R.I. Gen. Laws Chapter 17-7 et seq., and R.I. Gen. Laws §§ 17-20-24 and 17-20-26, as amended.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-06-01 to 01/04/2022
Adoption — effective from 2006-06-01 to 06/01/2006

410-RICR-20-00-9 § 9.2 Purpose

A.To establish guidelines for the challenging of mail ballots that will support the Board of Elections to construe R.I. Gen. Laws Chapter 17-20 et seq. liberally to effect the purposes of maintaining the integrity and the secrecy of the mail ballot by assuring that only electors eligible to vote by mail ballot are allowed to utilize that method of voting and by assuring that the procedures set forth in this chapter controlling the application and balloting processes are strictly enforced by safeguarding the mail ballot voter from harassment, intimidation and invasion of privacy.

B.This Part supersedes all prior guidelines issued relating to the challenging and certification of mail ballots including, but not limited to, those presently on file with the Office of the Secretary of State.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-06-01 to 01/04/2022
Adoption — effective from 2006-06-01 to 06/01/2006

410-RICR-20-00-9 § 9.3 Guidelines

A.The burden of proof in challenging a mail ballot as not obtained and/or cast in conformance with R.I. Gen. Laws Chapter 17-20 et seq. is on the person challenging the ballot. However, once the irregularity is shown, the burden of proof shall shift to the person defending the ballot to demonstrate that it is the ballot of the voter it purports to be, that the voter was eligible to vote by mail ballot and that all of the applicable requirements of R.I. Gen. Laws Chapter 17-20 et seq. were complied with.

B.The Board of Elections shall, on its own motion, disqualify any mail ballot which it determines, based upon a preponderance of the evidence, was not voted by the elector who purportedly cast it, or was voted by an elector who was not eligible to vote by mail ballot, or was not obtained and voted in the manner prescribed by R.I. Gen. Laws Chapter 17-20 et seq. The Board of Elections may take such action even in the absence of a challenge to the ballot and may take such action at any time prior to the separation of the ballot from its application and certifying envelope.

C.If a ballot can be reasonably identified to be that of the voter it purports to be and if it can reasonably be determined that the voter was eligible to vote by mail ballot and if the requirements of R.I. Gen. Laws § 17-20-2.1 were complied with, it should not be subject to frivolous or technical challenge.

D.No ballot transmitted under the provisions of R.I. Gen. Laws Chapter 17-20 et seq. shall be rejected for failure of the voter to affix sufficient postage, nor shall any such ballot be invalid by reason of the voter writing upon the inner envelope the name of the community within a town in place of the name of said town.

E.The requirements set forth by R.I. Gen. Laws Chapter 17-20 et seq. controlling mail ballot eligibility and the procedure by which such ballots are obtained and cast shall be strictly applied so as to assure the integrity of the electoral system. No mail ballot which was not obtained and/or cast in material conformance with the provisions of R.I. Gen. Laws Title 17 shall be certified by the Board of Elections.

F.Notwithstanding the provisions of R.I. Gen. Laws § 34-12-3 to the contrary, any mail ballot application or mail ballot certification notarized by a person who is not, in fact, a notary public or other officer authorized to administer oaths and take acknowledgements shall be void.

G.A ballot shall not be disqualified merely because the elector did not sign his or her full name as it is listed on the voter registration list but omitted or included a middle initial or name or abbreviated a first and/or middle name or made a similar omission or inclusion so long as the Board of Elections can reasonably determine the identity of the voter.

H.The inner or certifying envelope may be challenged if the signature (or mark) of the voter does not appear thereon.

I.A ballot shall not be disqualified merely because said ballot was submitted by means of facsimile. Any qualifying elector who is outside the continental United States and obtains and casts a ballot in conformance with R.I. Gen. Laws §§ 17-20-2(1) or 17-20-2(7), 17- 20-2.1(d)(1), and 17-20-13 may vote such ballot through facsimile.

J.The ballot may be challenged if the signature (or mark) of the voter is not duly notarized or the names and addresses of the two (2) attesting witnesses do not appear on the application and inner envelope excluding the following exceptions:

1.pursuant to R.I. Gen. Laws §§ 17-20-2(3) and 17-20-2.1(d)(3) a voter who applies for a mail ballot in accordance with these two sections requires a notary or the names and addresses of two (2) witnesses on the application but not on the inner envelope;

2.pursuant to R.I. Gen. Laws §§ 17-20-2(7) and 17-20-2.1(d)(7) a voter who applies for and receives an absentee ballot in accordance with these two sections does not require the signatures of two (2) witnesses or a notary on the application or certifying envelope; and

3.pursuant to R.I. Gen. Laws § 17-20-6.1 a voter who applies for and receives an absentee ballot through the use of a Federal Post Card Application (FPCA) does not require the signatures of two (2) witnesses or a notary on the application or certifying envelope.

K.These rules and regulations are adopted this day of 2006 pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.). By Order of Rhode Island Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-06-01 to 01/04/2022
Adoption — effective from 2006-06-01 to 06/01/2006

410-RICR-20-00-10 Nomination Papers - Affidavit of Person Obtaining Signatures

410-RICR-20-00-10 § 10.1 Authority

A.The Rhode Island Board of Elections hereby adopts rules and regulations relating to nomination papers, and persons obtaining signatures pursuant to and in accordance with R.I. Gen. Laws § 17-14-1 et seq., as amended.

B.Said rules and regulations are posted on the Board of Election's website and are available for public inspection at the offices of the Rhode Island Board of Elections, 2000 Plainfield Pike, Cranston, Rhode Island.

History

Amendment — effective from 2024-07-22 to current
Periodic Refile — effective from 2022-01-04 to 07/22/2024
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-10 § 10.2 Purpose

A.The within rules and regulations are proposed by the Board of Elections to regulate the orderly process of gathering and certifying signatures submitted on nomination papers under R.I. Gen. Laws § 17-14-1, et seq.

History

Amendment — effective from 2024-07-22 to current
Periodic Refile — effective from 2022-01-04 to 07/22/2024
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-10 § 10.3 Definitions

A."Board of Canvassers" or "local board" means the bipartisan canvassing authority established by the legislative body of each city and town, pursuant to R.I. Gen. Laws Chapter 17-8.

B."Board of Elections" or "state board" means the Rhode Island Board of Elections as established by the General Assembly under R.I. Gen. Laws Chapter 17-7.

C."CVRS" or Central voter registration system" shall mean the single, unified, centralized, interactive computerized statewide voter registration system maintained and administered by the Office of the Secretary of State. The CVRS shall be the official voter registration system utilized by local boards of canvassers for the conduct of all federal, state and local elections in Rhode Island and shall include the name and registration information for every registered voter in the state.

D."Nomination paper" means the document issued by the Secretary of State or the Board of Canvassers in accordance with R.I. Gen. Laws §§ 17-14-4 and 17-14-16, and subject to approval by the Board of Elections, and includes all pages contained within an individual nomination form.

E."Collector" means any individual who gathers the signatures and addresses of eligible voters upon nomination papers.

F."Presence" means close physical proximity coupled with awareness sufficient to allow the collector to witness each voter affix their signature to the nomination paper.

History

Amendment — effective from 2024-07-22 to current
Periodic Refile — effective from 2022-01-04 to 07/22/2024
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-10 § 10.4 Requirements of Collectors

A.A collector, who may be any person 18 years of age or older, must personally witness the signature of each person and shall sign and attest before a notary public that each person who signed the nomination papers appeared personally before him or her and signed the nomination papers in the presence of the. Said collector must have personal knowledge that each person actually signed the document and must provide on the nomination paper form the collector's printed name, residence address, and telephone number.

B.Every voter signing a nomination paper shall sign in person with his or her name, place of residence, and street number, as it appears on the voting list. The signature shall be accepted as valid if it can be reasonably identified to be the signature of the voter it purports to be. A variation of the voter's signature by the insertion or omission of identifying titles or by the substitution of initials of the first or middle names, or both, shall not in itself be grounds for invalidation of the signature. Any voter who is unable to write may sign by making his or her mark "X" on the nomination paper in the presence of two (2) witnesses who shall subscribe their names on the paper as witnesses to the signing.

C.A voter may sign any number of nomination papers for any office the voter may lawfully vote for at the primary or general election.

D.If it is discovered that any signature(s) are not obtained in the "presence" of the collector, then the Board of Elections and/or the local board may strike each invalidly obtained signature from the nomination papers.

History

Amendment — effective from 2024-07-22 to current
Periodic Refile — effective from 2022-01-04 to 07/22/2024
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-10 § 10.5 Pattern of Forgery 10.5 Pattern of Forgery {#sec-410-ricr-20-00-10-10.5-pattern-of-forgery omnilex-key=us-ri-regs-official--title-410--410-RICR-20-00-10#10.5 Pattern of Forgery}

A.The local board shall immediately notify the state board in writing and/or via electronic mail if the local board suspects a consistent pattern of forgery as prescribed by R.I. Gen. Laws § 17-23-17 on the nomination papers of a local, state, or federal candidate.

B.If the state board or its Executive Director have reason to believe that fraud has occurred, and upon notification of allegations of any consistent pattern of suspected forged signatures on nomination papers of a local, state, or federal candidate, the state board or its Executive Director shall review the allegations and, shall as soon as possible notify all corresponding local boards.

C.The state board, if it deems necessary, shall order a review of all nomination papers of a local, state, or federal candidate whose nomination papers include a consistent pattern of suspected forged signatures as prescribed in § 10.6(A) of this Part.

D.The state board shall notify the secretary of state, both in writing and via electronic mail its specific findings of its review of a local, state, or federal candidate whose nomination papers include suspected forged signatures, and whether the board’s determination affects a candidate's qualification for a position on the ballot.

History

Amendment — effective from 2024-07-22 to current
Periodic Refile — effective from 2022-01-04 to 07/22/2024
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-10 § 10.6 Objections to sufficiency of nomination papers or signatures

A.When nomination papers have been duly filed and are in apparent conformity with R.I. Gen. Laws § 17-14-11, they shall be conclusively presumed to be valid, unless written objections to them are made as to the eligibility of the candidate or the sufficiency of the nomination papers or the signatures on them. All objections shall be filed in the office of the secretary of state or the local board, as the case may be, by four o'clock (4:00) p.m. on the next business day after the last day fixed for filing nomination papers in the appropriate office as provided in this Chapter.

B.Objections or challenges to the sufficiency and validity of signatures regarding an endorser on nomination papers under R.I. Gen. Laws § 17-14-13 shall only be allowed by a candidate for the office, an individual presenting written authorization from the candidate, or a chair of a political party. Said objections to signatures must be submitted on a form prescribed by the staff of the Board of Elections, and must include a written basis for the objection, the nomination page number and line number of the specific signature(s) being challenged, and present evidence to support the objection filed against the local boards disposition of each line number included in the objection. The state board shall not consider any challenge in the absence of a written basis to the local board’s rejection of an endorser. Evidence may include:

1.For endorsers whose signatures have been disqualified for not being registered to vote or not found, or not eligible to vote for the stated candidate on the nomination papers, or registered to vote within the wrong district:‎

a.Information that an endorser is included on a list of registered voters under R.I. Gen. Laws § 17-9.1-15, which list has been obtained from the secretary of state or a local board of canvassers, and is registered to vote at the place of residence and street number pursuant to R.I. Gen. Laws § 17-14-8 and was an eligible voter at the time of signing the nomination paper.‎

b.For endorsers whose signatures have been invalidated by a local board due to not reasonably matching any current or previous signature within the individual’s voter registration record, including the CVRS, a copy of the individual’s voter registration card(s) containing the voter’s signature as obtained in accordance with R.I. Gen. Laws § 17-9.1-15, and demonstrating the signature reasonably matches the signature executed by the endorser on the nomination paper in question;

c.A notarized affidavit from the individual on a form prescribed by the staff of the Board of Elections containing the individual’s name, residence address, and telephone number, attesting they executed their signature on the nomination paper in question in the presence of the collector; or

d.In-person testimony, under oath, provided by the endorser, attesting they executed their signature on the nomination paper in question in the presence of the collector.

2.For endorsers whose signatures were accepted by the local board of canvassers are being challenged:

a.Evidence indicating the endorser did not sign the nomination paper;

b.Evidence indicating the endorser did not sign the nomination paper in the physical presence of the collector;

c.Evidence indicating the endorser is deceased.

C.If a valid objection has been filed with the secretary of state, the secretary shall immediately deliver to the state board the nomination papers to which the valid objection has been filed.

D.The state board may summon witnesses, administer oaths and require the production of books, papers and documents at any hearing to address challenges to signatures. The witnesses shall be summoned in the same manner, be paid the same fees, and be subject to the same penalties for default as witnesses who appear before the superior court. A summons may be sworn to, and an oath may be administered by the board.

E.The decision of the board will be made within two (2) days, exclusive of weekends and holidays, after filing of objections and shall immediately be certified by the state board to the secretary of state.

F.All objections to nomination papers, other than state and federal candidates, shall be considered by the local boards and with the same effect as provided in this Section for hearing of objections to nomination papers for state and federal candidates by the state board.

History

Amendment — effective from 2024-07-22 to current
Periodic Refile — effective from 2022-01-04 to 07/22/2024
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-10 § 10.7 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

B.These rules and regulations were adopted at a meeting of the State Board of Elections held on the 4th day of June 2024. By Order of the Rhode Island Board of Elections.

History

Amendment — effective from 2024-07-22 to current
Periodic Refile — effective from 2022-01-04 to 07/22/2024
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-11 Local Canvassing Authorities - Party Affiliation

410-RICR-20-00-11 § 11.1 Local Canvassing Authorities - Party Affiliation

A.The Rhode Island Board of Elections hereby adopts rules and regulations for local canvassing authorities - party affiliation pursuant to and in accordance with R.I Gen. Laws §§ 17-8-1 et seq., 17-9.1-23 and 17-9.1-24.

B.Said rules and regulations are adopted pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1 et seq.) and are available for public inspection at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-02-07 to 01/04/2022
Adoption — effective from 2012-02-07 to 02/07/2012

410-RICR-20-00-11 § 11.2 Purpose

This rule is adopted by the Board of Elections to ensure that all Local Canvassing Authorities are bipartisan in composition, and to enforce the provisions of R.I. Gen. Laws § 17-8-1 et seq.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-02-07 to 01/04/2022
Adoption — effective from 2012-02-07 to 02/07/2012

410-RICR-20-00-11 § 11.3 Definitions

“Party member/affiliation” means any person who is a member of a designated political party pursuant to R.I. Gen. Laws § 17-9.1-23.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-02-07 to 01/04/2022
Adoption — effective from 2012-02-07 to 02/07/2012

410-RICR-20-00-11 § 11.4 Appointment and Composition of Local Canvassing Authorities

The legislative body of each city and town shall appoint a bipartisan canvassing authority of three (3) qualified electors of the city or town, not more than two (2) of whom shall belong to the same political party, and may appoint two (2) alternate members, not more than one of whom shall belong to the same political party. At any meeting of the canvassing authority at which a member is to be absent, the member may request that an alternate replace him or her for that meeting; provided that the alternate member must be of the same political party as the member. The mayor or the president of the town council shall nominate the members of the canvassing authority from lists of party voters submitted by the respective chairpersons of the city or town political committee, which lists shall contain the names of five (5) times the number of persons to be appointed. If the legislative body refuses to approve the nomination of any person to the canvassing authority, the mayor or the president shall submit to the legislative body another person named on one of the lists, and so on until a person is appointed. If the chairperson of the city or town committee of a political party entitled to an appointment fails or refuses to submit a list, the mayor or the president shall nominate any party voter of the political party entitled to the appointment.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-02-07 to 01/04/2022
Adoption — effective from 2012-02-07 to 02/07/2012

410-RICR-20-00-11 § 11.5 Term and Qualifications for Office.

Each member of a local canvassing authority shall be appointed to serve for a term of six (6) years beginning on the first Monday of March succeeding the date of his or her appointment and until his or her successor is elected and qualified. No person shall be appointed or serve as a member of the authority who is an officer or employee of the United States or of this state, or who is an officer or employee of the authority's city or town. The disqualification of a member shall take effect immediately, upon commencing employment or office with the United States, this state or the authority's city or town, provided that in any city a member of the authority may be employed as its clerk.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-02-07 to 01/04/2022
Adoption — effective from 2012-02-07 to 02/07/2012

410-RICR-20-00-11 § 11.6 Party Affiliation of Members Appointed to the Local Canvassing Authority

Members of the Local Canvassing Authority must maintain their party affiliation for the duration of their membership. If a member changes party affiliation during his or her tenure, he or she shall be disqualified from holding membership upon the authority and his or her successor shall be immediately elected. The disqualification of the member shall take effect immediately, upon the filing of the papers changing his or her party affiliation. No further action is required to effectuate the disqualification from holding membership upon the authority.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-02-07 to 01/04/2022
Adoption — effective from 2012-02-07 to 02/07/2012

410-RICR-20-00-11 § 11.7 Authority Member becoming a Candidate for Public Office

Any member of the authority who becomes a candidate for election to any public office and who fails to file a declination of the candidacy within the time allowed by law shall be disqualified from holding membership upon the authority and his or her successor shall be immediately elected.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-02-07 to 01/04/2022
Adoption — effective from 2012-02-07 to 02/07/2012

410-RICR-20-00-11 § 11.8 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

B.These rules and regulations were adopted at a meeting of the State Board of Elections held on the Eleventh day of January, 2012 pursuant to the Administrative Procedures Act (R.I. Gen. Laws 42-35-1, et seq.). By Order of the Rhode Island Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-02-07 to 01/04/2022
Adoption — effective from 2012-02-07 to 02/07/2012

410-RICR-20-00-12 Polling Place Conduct

410-RICR-20-00-12 § 12.1 Polling Place Conduct

A.The Rhode Island Board of Elections hereby adopts rules and regulations relating to polling place conduct pursuant to and in accordance with R.I. Gen. Laws §§ 17-15-26,17-19-21, 17-19-21.1, 17-19-22, 17-19-23, 17-19-24, 17-19-27, 17-19-49, 17-23-15 and 17-23-17.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2016-09-21 to 01/04/2022
Amendment — effective from 2016-09-21 to 09/21/2016
Adoption — effective from 2012-03-22 to 09/21/2016

410-RICR-20-00-12 § 12.2 Purpose

This rule is adopted by the Board of Elections to ensure the orderly conduct of elections, and enforce the provisions of R.I. Gen. Laws §§ 17-11-15, 17-15-26, 17-19-21, 17-19-21.1, 17-19-22, 17-19-23, 17-19-24, 17-19-27, 17-19-49, 17-23-15 and 17-23-17.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2016-09-21 to 01/04/2022
Amendment — effective from 2016-09-21 to 09/21/2016
Adoption — effective from 2012-03-22 to 09/21/2016

410-RICR-20-00-12 § 12.3 Definitions

“Act of voting” shall include the period of time in which a voter has entered a polling place for the sole purpose of casting a ballot. The Act of Voting begins when the voter enters a Polling Place and begins approach to the supervisor's table. It concludes when the voter has inserted the ballot into the optical scan reader and exits the Polling Place.

“Bake sales” means the sale of food items such as cookies, cakes and non-alcoholic beverages for raising funds in support of non-profit and charitable organizations.

“Checkers” means representatives of each recognized political party bearing credentials signed by the proper ward or town committee chairperson who maintains a record of who has voted at the Polling Place.

“Election official” shall include the Board of Elections and its designees, the Local Canvassing Authority and its designees, including but not limited to, Moderator/Wardens, Clerks and Supervisors. No person shall be appointed or serve as an Election Official who has been convicted, found guilty, pleaded guilty or nolo contendere, or placed on a deferred or suspended sentence, or on probation, for any crime which involves moral turpitude or which constitutes a violation of any of the election or caucus laws of this or any other state. No candidate for any office to be filled at any election shall be appointed as an Election Official. Every Election Official shall make an affidavit before some member of the proper board of canvassers attesting that he or she is eligible to serve as an Election Official, consistent with the requirements of state law.

“Party representative” means any credentialed party checker, runner or watcher as designated under R.I. Gen. Laws § 17-19-22.

“Political literature” shall include any paper, circular or other document designed or tending to aid, injure or defeat any candidate for public office or any political party or any question submitted to the voters. Documents that constitute political literature include any flyer, campaign button, or any item of clothing that contains any electioneering communication, including words or images, or election symbol attributed to a campaign that promotes the election or defeat of any candidate or ballot question that appears on the ballot.

“Polling place observer” means any person observing the election at a Polling Place on behalf of a party or candidate.

“Polling place” means the room or area in a building which contains voting booths and where voting is conducted at any primary or election for the election of any candidate, write-in candidate, party or ballot question.

“Railed” or “Enclosed voting area” means the enclosed area within the polling place where ballots are cast. The railed or enclosed area shall be delineated by tables or other means having one entrance and one exit in the area within which ballots are cast.

“Runners” means those representatives of any recognized party who shall retrieve whatever list or memoranda the Checkers have prepared and shall be allowed to come to the table for the Checkers at frequent intervals.

“Supervisors” shall be assigned by the Warden/Moderator in bipartisan pairs at the Polling Place and shall be in charge of the voting list and shall announce the voter's name and certify his or her identity before permitting the person to enter the Railed or Enclosed Voting Area. The Warden/Moderator may also assign additional duties to the Supervisors such as the oversight of and assistance to voters while they are in and about the voting booths.

“Wardens” or “Moderators” shall have general supervisory powers at each Polling Place and shall be responsible for supervising the overall orderly and efficient conduct at the Polling Place and shall ensure compliance with the elections laws and regulations governing polling place conduct, including the casting of ballots.

“Watcher” means a representative of each recognized political party bearing credentials signed by the proper ward or term committee chairperson. A Watcher shall be allowed outside the enclosed voting area to observe the voting and to assist the Checkers.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2016-09-21 to 01/04/2022
Amendment — effective from 2016-09-21 to 09/21/2016
Adoption — effective from 2012-03-22 to 09/21/2016

410-RICR-20-00-12 § 12.4 Open Elections

The public may be present in the polling place to observe the conduct of an election. Only voters and election officials are allowed in the Railed or Enclosed Voting Area. No person(s) may willfully hinder the orderly conduct of an election.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2016-09-21 to 01/04/2022
Amendment — effective from 2016-09-21 to 09/21/2016
Adoption — effective from 2012-03-22 to 09/21/2016

410-RICR-20-00-12 § 12.5 Table and Chairs Provided for Party Representatives

A table and chairs must be provided outside the enclosed space by the city/town for the party representatives known as Checkers and Watchers. In the absence of party representatives, the public may use the table and chairs.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2016-09-21 to 01/04/2022
Amendment — effective from 2016-09-21 to 09/21/2016
Adoption — effective from 2012-03-22 to 09/21/2016

410-RICR-20-00-12 § 12.6 Polling Place Conduct

A.Political Literature and Influence

1.Outside the Polling Place

a.No person – other than a person in the act of voting – shall be allowed to display or distribute any poster, paper, circular, campaign or political party button, badge or other document or item designed or tending to aid, injure, or defeat any candidate for public office or any political party on any question submitted to the voters within fifty (50) feet of the entrance or entrances to the Polling Place.

b.No person shall conduct any form of poll or survey of voter opinion or voter conduct within a Polling Place or within fifty (50) feet from the entrance or entrances to any Polling Place.

2.Inside the Polling Place

a.No person – other than a voter in the act of voting – may display or wear any campaign or political party button, badge or other document or item designed or tending to aid, injure or defeat any candidate for public office or any political party or any question submitted to the voters within the Polling Place. Any voter displaying or wearing any political literature who has completed the voting process must immediately exit the polling location without unreasonable delay. No activity that is intended to interfere with a person's right to vote, shall be permitted within a Polling Place.

B.Electronic Recording Devices in the Polling Place

Electronic recording of the election process is allowed inside the polling place as long as it is done outside of the Railed or Enclosed Voting Area. Electronic recording devices may not hinder the election process or compromise a voter's right to cast a secret ballot. The electronic recording of specific votes(s) cast by another person is prohibited.

C.Talking on Cellular Telephones and other Communications Devices.

Only election officials conducting official election business are allowed to verbally communicate on a cell phone or other communication device within the Polling Place. All other communications being made to persons outside the Polling Place must be done nonverbally to ensure the orderly conduct of the Election.

D.Challenges

Only the Watchers and Election Officials are allowed to challenge the right to vote of any person offering himself or herself as a voter. All challenges must be made for good cause. Whenever the identity of any person offering to vote is challenged at the Polling Place, that person shall only be permitted to vote using a provisional ballot as defined by R.I. Gen. Laws § 17-19-24.1.

E.Bake Sales

Bake sales may be held in a building designated as a Polling Place and that is under the supervision of the Warden/Moderator, during any primary or election for the election of any candidate, write-in candidate, party or ballot question. Bake sales shall not be allowed within the Railed Enclosed Voting Area or in any part of the building that the Warden/Moderator reasonably believes will cause a disruption or interference in the orderly administration of the voting process. Such activity will only be permitted within the area expressly designated by the Warden/Moderator for such activity. Sponsors of proposed bake sales must first seek and obtain permission to hold the bake sale event from the appropriate local board of canvassers. All requests for bake sales must be submitted in writing to the local board of canvassers no later than seven (7) days prior to the date for the primary or election. Bake sales shall be permitted as long as such conduct does not interfere with the orderly conduct of the election, as determined by the Warden/Moderator.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2016-09-21 to 01/04/2022
Amendment — effective from 2016-09-21 to 09/21/2016
Adoption — effective from 2012-03-22 to 09/21/2016

410-RICR-20-00-12 § 12.7 Procedures for Maintaining Order at the Polling Place

A.A Warden/Moderator may cause to be removed or arrested any person or official who commits a violation of the election law in their presence or disturbs the conduct of the voting, including any conduct that is designed to discourage a person from exercising his/her right to vote; provided, that they shall not cause any removal or arrest without the approval of the election inspector, unless the clerk agrees with the Warden/Moderator that the person or official should be arrested or removed (R.I. Gen. Laws § 17-19-23(9)). Either the Warden/Moderator or the Clerk may in their discretion issue a warning to a person(s) whose acts are disturbing the conduct of the voting.

B.If a person believes that an Election Official is violating state election laws he/she may contact their Local Canvassing Authority or the State Board of Elections to file a complaint.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2016-09-21 to 01/04/2022
Amendment — effective from 2016-09-21 to 09/21/2016
Adoption — effective from 2012-03-22 to 09/21/2016

410-RICR-20-00-12 § 12.8 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

B.These rules and regulations were adopted at a meeting of the State Board of Elections held on the Twenty-fourth day of August, 2016 pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.). By Order of the Rhode Island Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2016-09-21 to 01/04/2022
Amendment — effective from 2016-09-21 to 09/21/2016
Adoption — effective from 2012-03-22 to 09/21/2016

410-RICR-20-00-13 Provisional Voting

410-RICR-20-00-13 § 13.1 Provisional Voting

A.The Rhode Island Board of Elections hereby amended the within rules and regulations relating to provisional voting pursuant to and in accordance with the Help America Vote Act of 2002 ("HAVA'') (P.L. 107-252) and R.I. Gen. Laws § 17-7-5 et seq. and 17-19-24.1 et seq., as amended.

B.Said rules and regulations were amended pursuant to the Administrative Procedures Act (R.I. Gen. Laws Chapter 42-35 et seq.) and are available for public inspection at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Technical Revision — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2006-08-23 to 03/22/2012
Adoption — effective from 2005-03-27 to 08/23/2006

410-RICR-20-00-13 § 13.2 Purpose

The within rules and regulations were adopted by the Board of Elections for the purpose of amending the procedure for the casting, certification and tabulation of provisional ballots pursuant to the requirements of the Help America Vote Act of 2002, hereinafter referred to as ("HAVA") and to satisfy the requirements of voter identification at the polling places on election day in the state of Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Technical Revision — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2006-08-23 to 03/22/2012
Adoption — effective from 2005-03-27 to 08/23/2006

410-RICR-20-00-13 § 13.3 Definitions

“Ballot identification number” or “Ballot ID No.” means the number appearing on "Provisional Ballot Application" and which is unique to the application. The number shall be used by election officials to process an individual's provisional ballot and shall be used by the individual to determine the disposition of his/her ballot. The identity of the individual assigned the number shall be confidential.

“Board of Canvassers” or “Local Board” means the board of canvassers in a city or town.

“Board of Elections” or “State Board” means the Rhode Island Board of Elections.

“CVRS” means "Central Voter Registration System" which identifies voters statewide.

“Disqualified ballot” means a provisional ballot executed by an individual who is ineligible to vote in the election that the ballot was cast or a provisional ballot that is inserted into the voting machine.

“Federal office” means President of the United States, Vice President, Senator, Representative, or Presidential Delegate to the Congress.

“Federal offices only ballot” means a ballot executed by an individual who is deemed eligible to vote for federal offices only in the election at which the ballot was cast.

“Full ballot” means a ballot executed by an individual who is deemed eligible to vote for all offices and questions appearing on the ballot in the election at which the ballot was cast.

“Provisional ballot” means a ballot cast by an individual meeting the eligibility requirements set forth in these rules and regulations.

“Provisional ballot application” means the documents prescribed in these rules and regulations and executed by a voter seeking to cast a provisional ballot and used by the local board to determine the disposition of a provisional ballot.

“Provisional ballot voter registration form” means a generic form which will be used in lieu of a Rhode Island Voter Registration form.

“Voter identification” means an acceptable form of identification to validate a voters identity in accordance with R.I. Gen. Laws § 17-19-24.2.

“Voting district” or “Precinct” means the geographical subdivision within a city/town assigned to voters pursuant to R.I. Gen. Laws § 17-11-1.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Technical Revision — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2006-08-23 to 03/22/2012
Adoption — effective from 2005-03-27 to 08/23/2006

410-RICR-20-00-13 § 13.4 Voter Information - Public Posting

A.Election officials at each precinct shall publicly post on the day of each election voting information that shall include:

1.a sample version of the ballot used in the election;

2.information regarding the date of the election and the hours during which the polling places are open;

3.instructions on how to cast a vote and instructions on how to cast a provisional ballot;

4.instructions for mail registrants and first-time voters;

5.general information on voting rights and prohibitions regarding acts of fraud and misrepresentation under Federal and State law, information on the right of an individual to cast a provisional ballot and instructions on how to contact an election official if an individual's rights have been violated.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Technical Revision — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2006-08-23 to 03/22/2012
Adoption — effective from 2005-03-27 to 08/23/2006

410-RICR-20-00-13 § 13.5 Provisional Voting Information

13.5.1Categories (multiple categories may apply)

A.An individual shall cast a provisional ballot if:

1.Category 1 - The individual declares that he/she is a registered voter in the precinct but is informed by an election official on election day that the individual's name does not appear on the official list of registered voters for the precinct or the that the individual's name is listed in another precinct of the city/town. Except voters who file voter affirmation forms under R.I. Gen. Laws § 17-9.1-16.

2.Category 2 - The official list of registered voters indicates the voter has applied for a mail/emergency ballot; or

3.Category 3 - An election official asserts that the individual is not eligible to vote (including partisan and non-partisan primaries); or

4.Category 4 - The individual is unable to provide the required voter identification at the time of voting.

13.5.2Information

A.An individual casting a provisional ballot shall receive a "Notice - Provisional Voting Information" document from an election official. The "Notice - Provisional Voting Information" document shall include the following information:

1.disposition of an individual's provisional ballot shall be:

a.counted as a full ballot if an individual is a qualified registered voter in the city/town and precinct;

b.federal offices only will be counted if the individual is a qualified registered voter in the city/town and proper congressional district, but not the precinct; or

c.the ballot will be disqualified if the individual is not a qualified registered voter in city/town or is in the wrong congressional district in which the individual casts his/her ballot; or

d.the ballot will be disqualified if it is determined that the individual is a first-time voter who has registered to vote by mail after January 1, 2003 and has not submitted the required form of identification to the local board by 4:00 P.M. on the day following the election; or

e.the ballot will be disqualified if it is determined that the individual's signature on the provisional ballot application does not reasonably match the signature on the individual's most current voter registration document. First time voters in § 13.5.2(A)(1)(d) of this Part are not covered by this section.

f.if the individual has cast a mail ballot, emergency ballot or military ballot in the same election the ballot will be disqualified; and

g.Instructions on how the individual may determine the disposition of his/her ballot, including whether or not the vote was counted and the reason for any disqualification

2.Information stating that the provisional ballot will be disqualified if it is inserted into the voting machine.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Technical Revision — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2006-08-23 to 03/22/2012
Adoption — effective from 2005-03-27 to 08/23/2006

410-RICR-20-00-13 § 13.6 Provisional Ballot Application and Instructions

13.6.1Provisional Ballot Application

A.The "Provisional Ballot Application" shall include the following:

1.Section I:

a.Board of canvassers disposition area, where the board of canvassers indicates the disposition of the provisional ballot.

b.A location for an election official to include the name of the city/town and precinct number where the ballot is being cast; and

2.Section 2

a.Provisional Ballot Voter Registration Form

b.Ballot ID number

c.Voter Attestation clause, where the provisional voter shall attest that he/she is a registered voter in the city/town & precinct and is eligible to vote in the election and acknowledges that inserting a provisional ballot into the voting machine will result in its disqualification;

d.A location for the voter to sign;

e.A location for the date of the election;

f.A location for an election official to cite the reason an individual has been given a provisional ballot; and sign and attest to the provisional voter's signature.

g.Primary election only section, where the clerk MUST indicate which political party ballot was requested by the provisional voter.

h.A secondary location for the local board to indicate the disposition of the provisional ballot.

3.Section 3 "Provisional Ballot Receipt" ("Tear-Off Receipt") shall include:

a.the ballot identification number; and

b.instructions on how the individual may determine whether his/her vote was counted and to advise the provisional voter to contact his/her local board of canvassers on/or before the close of business the next business day to provide information to help qualify the provisional ballot.

4.The Board of Elections may include any additional items on the "Provisional Ballot Application" consistent with state or federal laws.

B.Instructions For Casting A Provisional Ballot

1.An individual who casts a provisional ballot shall receive from a election official the "Notice - Provisional Voting Information", and a provisional ballot application.

2.Each provisional voter shall complete and submit the voter portion of the "Provisional Ballot Application" to an election official.

3.The election official upon completing section "2" shall provide the individual a ballot labeled "Provisional", a ballot secrecy sleeve and a provisional ballot envelope that has printed instructions on how to cast a provisional ballot. The election official shall then direct the individual to a privacy booth.

4.The individual shall "vote" his/her provisional ballot by using the marking device provided, connecting the head and tail of the arrow on the computer ballot next to the party, candidate, write-in candidate or ballot question, as is applicable, for whom the voter wishes to cast his/her ballot (Note: A provisional ballot that is incorrectly marked by the voter shall be returned to the election official. The ballot will be marked void by the election official and deposited in the receptacle for void ballots. The individual will then be issued a new ballot labeled 'Provisional'.)

5.Upon completing the ballot the individual shall place the ballot in the "Provisional Ballot Envelope" and seal the envelope containing the voted ballot. The individual will then return the "Provisional Ballot Application" that includes the sealed provisional ballot envelope and affixed application to the election official who shall confirm that the city/town and precinct number is entered onto the provisional ballot application and remove Section 5 (the provisional ballot receipt) and present it to the voter, who shall retain the "Provisional Ballot Receipt" as well as the "Notice - Provisional Voting Information." The election official shall place the "Provisional Ballot Envelope" into the receptacle for provisional ballots.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Technical Revision — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2006-08-23 to 03/22/2012
Adoption — effective from 2005-03-27 to 08/23/2006

410-RICR-20-00-13 § 13.7 Processing and Certifying Provisional Ballots

A.Provisional ballots cast at a precinct shall be transmitted to the board of canvassers in each city/town pursuant to the manner prescribed by the Board of Elections. Said ballots shall be processed and certified by the board of canvassers in the city/town in which they were cast.

B.Processing Provisional Ballots

The local board shall process the provisional ballots cast in the city/town in the following manner.

1.Upon receipt of the provisional ballot receptacles from each precinct the local board shall separate, sort by precinct and secure said ballot receptacles.

2.On a precinct by precinct basis the local board shall proceed to open the provisional ballot receptacles and remove the "Provisional Ballot Envelopes." The local board shall verify that each envelope has the correct city/town and precinct ID number. The local board shall determine the disposition of each provisional ballot within each precinct pursuant to the requirements and procedures set forth in § 13.7(C) of this Part.

3.By 4:00 P.M. the day following the election the local board will accept any additional information that the provisional ballot voter submits and determine the disposition of the provisional ballot and enter the required information into the CVRS and shall:

a.Detach and retain Section 2, Provisional Ballot Voter Registration Form, Voter Attestation of the "Provisional Ballot Application" (Note: Section I shall remain affixed to the "Provisional Ballot Envelope"; see § 13.7(B)(4) of this Part for instructions on processing Section 2 of the "Provisional Ballot Application");

b.The local board shall sort the provisional ballots cast at a precinct by disposition (i.e. all qualified "Full Ballots" on top followed by all qualified ballots for "Federal Offices Only") and place the qualified provisional ballots into the provisional ballot receptacle from which they were delivered. Disqualified ballots are retained and stored at the local board for 22 months.

c.When the certification process is completed for each precinct the local board shall sort the provisional ballot receptacles in order by precinct and transfer them to the Board of Elections by 4:00 P.M. the second day following the election.

4.After Section 2 - Provisional Ballot Voter Registration Form and the provisional ballot data is entered into the CVRS the local board shall file Section 2 in the same manner as other RI Voter Registration forms. Section 2, Voter Attestation of the "Provisional Ballot Application" will be sealed in an envelope labeled "Provisional Ballots - Attestation" which shall remain sealed for twenty-two (22) months after the date of the election.

C.Certifying Provisional Ballots

The local board shall determine the disposition of a provisional ballot per Sec 4(a) as follows:

1.If the individual's name, date of birth and city/town can be reasonably identified in Section 2 - Provisional Ballot Voter Registration Form of the "Provisional Ballot Application" in the CVRS the individual shall be an eligible voter in the city/town and vote pursuant to §§ 13.7(C)(1)(a) or (b) of this Part below.

a.When the street address on the "Provisional Ballot Application" matches the street address on the CVRS or the street address on the "Provisional Ballot Application" is in the same precinct as the street address on the CVRS. the local board shall indicate on Section 1 - Provisional Ballot Application "Full Ballot," unless the individual requested a mail/emergency ballot.

b.When the street address on the "Provisional Ballot Application" does not match the street address on the CVRS and the street address is located outside of the precinct where the provisional ballot was cast the local board shall indicate on Section 1 - Provisional Ballot Application "Federal Offices Only," except in the City of Providence, where the street address on the "Provisional Ballot Application" does not match the street address on the CVRS and is located outside the Congressional District where the provisional ballot was cast, the individual shall be eligible to cast a ballot for the offices of United States President, Vice President and Senator, the local board shall so indicate on Section 1 - Provisional Ballot Application, unless the individual requested a mail/emergency ballot.

2.If the name, date of birth and city/town in Section 2 - Provisional Ballot Voter Registration form matches the name, date of birth and city/town with an individual who has surrendered or rescinded his/her mail ballot or emergency ballot for the same election to the local or state board, and the CVRS system confirms surrender or rescinding of said ballot the local board shall determine the disposition of the provisional ballot in the same manner as § 13.7(C)(1) of this Part.

3.If the name, date of birth and city/town on the Section 2 - Provisional Ballot Voter Registration form matches the name, date of birth and city/town with an individual who has requested and cast a mail/emergency ballot and the CVRS confirms the receipt of the ballot the local board shall indicate "disqualified" on Section 1 - Provisional Ballot Application, and place the "Disqualified Provisional Ballot Envelopes" cast within a city/town into a sealed container for storage in accordance with R.I. Gen. Laws § 17-19-39.1.

4.If on the "Provisional Ballot Application" the reason for casting the provisional ballot is "Voter did not present required identification," the local board shall compare the voter's signature on record with the signature on the provisional ballot with consideration of the natural variations of signatures, the lapse of time between signatures, disparities between electronically recorded keypad signatures and handwritten signatures, as well as other factors that may distort signatures, and if any similarities exist, the local board shall then qualify the provisional ballot according to the criteria indicated in § 13.7(C) of this Part, and the local board shall indicate the disposition on Section 1 of the Provisional Ballot Application.

a.If the local board determines that no similarities exist, the local board shall make every effort to contact the voter in question immediately following its preliminary determination to allow the voter the opportunity to prove his/her identity by:

(1)Presentment of any ID to the local board;

(2)Signing a new voter registration card at the local board of canvassers that reasonably matches the signature on the provisional ballot or;

(3)Any other means acceptable to the local board.

b.If the local board determines that the signatures are not the same, and the provisional voter's identity is not otherwise confirmed, the provisional ballot shall be disqualified.

c.This section excludes first time voters who registered to vote by mail after 1/1/2003, because they have not provided the necessary proof of identification and are listed as identification required on the pollbook. These voters must submit proof of identification to the local board by 4:00 P.M. on the day following the election. If no identification is presented, the local board shall indicate "Disqualified" on Section 1 of the Provisional Ballot Application, and place the "Disqualified" ballot into the "Disqualified Provisional Ballot Envelope". "Disqualified Provisional Ballot" envelopes cast within a city/town must be placed into a sealed container for storage in accordance with R.I. Gen. Laws § 17-19-39.1. The comparison of signatures is not allowed for voters who registered to vote by mail after 1/1/2003 and have not provided the required identification.

5.If on the "Provisional Ballot Application:" the reason for casting the provisional ballot is "PRIMARY ONLY: The voter claims he/she is unaffiliated or affiliated with a different party than indicated on the precinct voting list" the ballot shall be qualified if the voter cast a ballot his/her party affiliation or if the voter was unaffiliated. The provisional ballot shall be disqualified if the voter was a member of another party.

6.If the individual's name, date of birth and city/town in Section 2 - Provisional Ballot Voter Registration Form of the "Provisional Ballot Application" cannot be reasonably identified in the CVRS, the local board shall indicate "disqualified" on Section 1 - Provisional Ballot Application, and place the "Disqualified Provisional Ballot Envelopes" cast within a city/town into a sealed container for storage in accordance with R.I. Gen. Laws § 17-19-39.1.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Technical Revision — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2006-08-23 to 03/22/2012
Adoption — effective from 2005-03-27 to 08/23/2006

410-RICR-20-00-13 § 13.8 Tabulation of Provisional Ballots

A.Provisional Ballots Cast at a Precinct

Provisional ballots cast at a precinct and certified pursuant to § 13.7 of this Part shall be transmitted by the local board to the state board for tabulation. Upon receipt of all of the eligible provisional ballots cast in a city/town the state board shall:

1.Separate the "Provisional Ballot Envelopes" into the following categories:

a."Full Ballots";

b."Federal Offices Only"; and

2.To protect voter privacy, the state board shall open all "Provisional Ballot Envelopes" certified as "Full Ballots" and separate each ballot from its "Provisional Ballot Envelope" and:

a.tabulate all "Full Ballots" and

b.upon completion of the tabulation process the state board shall place the ballots and the "Provisional Ballot Envelopes" into a sealed container that shall be returned to the local board for storage in accordance with R.I. Gen. Laws § 17-19-39.1.

3.To protect voter privacy, the state board shall open all "Provisional Ballot Envelopes" certified as "Federal Offices Only" and separate each ballot from its "Provisional Ballot Envelope" and:

a.tabulate all "Federal Offices Only" ballots and

4.Upon completion of the tabulation of all "Full" and "Federal Offices Only" ballots the state board shall add the number of provisional votes cast to the Election Day precinct results.

B.Provisional Ballots cast as Mail Ballots

Mail ballots of first-time registrants received at the Board of Elections that do not include the required identification shall be a provisional ballot and "disqualified" unless the required identification is received by 9:00 P.M. on election day at the local board or the Board of Elections. If the local board or the state board receives the required identification the ballot shall be counted and processed as a mail ballot.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Technical Revision — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2006-08-23 to 03/22/2012
Adoption — effective from 2005-03-27 to 08/23/2006

410-RICR-20-00-13 § 13.9 Access to Provisional Ballot Information

A.Access System To Determine Disposition Of Ballot

1.The Board of Elections shall maintain a website with a "link" which allows the Provisional voter to enter his/her last name and "Ballot ID No." to access the disposition of his/her ballot which shall be:

a."Counted - Full Ballot"; or

b."Counted - President/Vice President and US Senator (Providence Only): or

c."Counted - Federal Offices Only" and the reason for the disposition; or

d."Disqualified - Ballot Not Counted" and the reason for the disposition.

2.If the provisional voter is unable to access the Board of Elections website he/she may contact the Board of Elections at (401) 222-2345 and provide his/her last name and "Ballot ID No." to obtain the information referenced in § 13.9(A)(1) of this Part.

B.Confidentiality of Provisional Ballots

Access to information about an individual provisional ballot shall be restricted to the individual who cast the ballot. Election officials during the casting, transmittal, certification and tabulation of provisional ballots shall take all necessary precautions to protect the security and confidentiality of each ballot to ensure that information related to the ballot, including its disposition, shall be restricted to the individual who cast the ballot.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Technical Revision — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2006-08-23 to 03/22/2012
Adoption — effective from 2005-03-27 to 08/23/2006

410-RICR-20-00-13 § 13.10 Implementation

A.The Board of Elections shall promulgate procedures and forms necessary to implement the within rules and regulations required by the Help America Vote Act of 2002 and the Rhode Island General Laws.

B.These rules and regulations were adopted at a meeting of the State Board of Elections held on the Twenty-second day of February, 2012 pursuant to the Administrative Procedures Act R.I. Gen. Laws § 42-35-1, et seq.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Technical Revision — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2012-03-22 to 03/22/2012
Amendment — effective from 2006-08-23 to 03/22/2012
Adoption — effective from 2005-03-27 to 08/23/2006

410-RICR-20-00-14 Recounts

410-RICR-20-00-14 § 14.1 Recounts

A.The Rhode Island Board of Elections hereby amends the within rules and regulations ("rules") relating to election recounts pursuant to, and in accordance with, the provisions of R.I. Gen. Laws Chapter 17-7 et seq., §§ 17-19-31, 17-19-37.1, 17-19-37.2, 17-19-37.3 and 17-12.1-14, as amended.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Adoption — effective from 2005-03-28 to 08/08/2010

410-RICR-20-00-14 § 14.2 Purpose

The following rules and regulations are adopted by the Board of Elections for the purpose of facilitating the accurate and efficient administration of election recounts which may be required to be conducted pursuant to the Rhode Island General Laws.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Adoption — effective from 2005-03-28 to 08/08/2010

410-RICR-20-00-14 § 14.3 Application

14.3.1Candidates & Write-ln Candidates

A.A candidate or write-in candidate seeking a recount of the -votes cast in his or her race and meeting the eligibility requirements set forth in the Rhode Island General Laws must make a written application to the Board of Elections to request said recount. Said application shall include the following:

1.the name, address and daytime & evening telephone numbers of the candidate (if applicable, the application should also include the name, address and telephone numbers of an attorney or person who the candidate designates to represent him or her);

2.the office for which the recount is being sought (including district number, if applicable);

3.the date on which the application is made; and

4.the signature of the candidate which shall be attested to by a notary public.

B.Applications will be considered to have been filed only when the signed original application is received at the Board of Elections, 50 Branch Avenue, Providence, Rhode Island and must be received by the appropriate deadline as stated below. Applications not received by the appropriate deadline or not executed pursuant to the requirements stated herein shall be rejected.

C.As soon as possible after the filing of an application submitted in conformance with the requirements of this section the Executive Director of the Board shall review and examine the results of the race for which the recount is sought and determine whether the applicant meets the eligibility requirements for a recount. Upon making said determination the Director shall proceed to notify the applicant of the disposition of his or her application and, if required, schedule said recount.

D.Deadlines for filing applications:

1.For a primary: By 4:00 p.m. the day after the primary

2.For an election: By 4:00 p.m. on the seventh (7th) day following the election

14.3.2Ballot Questions - Person, Group Or Organization Of "Recognized Standing"

A.A person, group or organization of "recognized standing" seeking a recount of the votes cast for a ballot question shall be required to adhere to the application requirements and deadlines set forth in § 14.3.1 of this Part. Moreover, the party seeking said recount shall identify in the recount application the ballot question for which the recount is being sought as well as provide evidence as to the party's assertion of "recognized standing" relative to the ballot question.

B.At the time of reviewing the application for a recount, it shall be determined whether the person, group or organization is of "recognized standing" and deemed-eligible to request said recount.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Adoption — effective from 2005-03-28 to 08/08/2010

410-RICR-20-00-14 § 14.4 Procedures For-The Recounting Of Ballots

A.The Board of Elections shall establish: the policies and procedures to be used in conducting election recounts. The Board shall implement the measures necessary to secure the ballots to be recounted and to protect and ensure the integrity of the election and recount process. Moreover, the Board shall take the steps-necessary _to conduct an efficient, orderly and accurate recounting of the ballots cast in elections qualifying for recounts pursuant to the Rhode Island General Laws, including the publication of a "Guide To Election Recounts".

B.Notwithstanding any other provision of these rules, the Board of Elections may, acting upon its own motion and at its sole discretion, adopt and implement the measures it deems appropriate to facilitate the accurate and orderly conduct of election recounts.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Adoption — effective from 2005-03-28 to 08/08/2010

410-RICR-20-00-14 § 14.5 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Adoption — effective from 2005-03-28 to 08/08/2010

410-RICR-20-00-15 Determining Recount Eligibility - Recognized Standing

410-RICR-20-00-15 § 15.1 Determining Recount Eligibility - Recognized Standing

A.The Rhode Island Board of Elections hereby adopts rules and regulations relating to the determination of recount eligibility and what constitutes a person, group, or organization with "recognized standing," pursuant to and in accordance with R.I. Gen. Laws §§ 17-19-37 and 17-19-37.3 et seq., as amended.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-15 § 15.2 Purpose

The within rules and regulations are proposed by the Board of Elections to ensure the orderly conduct of elections and enforce the provisions of R.I. Gen. Laws §§ 17-19-37 and 17-19-37.3.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-15 § 15.3 Definitions

"Advocacy cycle" means the period commencing on the date when a Ballot Question is deemed to be placed on the next ballot by order of the Secretary of State and ending on the date of that election.

"Ballot question" means any question, charter change, constitutional amendment, referendum, or voter initiated petition, or any other item placed before the voters on any state, senate and representative district, city, town or municipal ballot for general or special election.

"Ballot question advocacy" means advocating the passage or defeat of a ballot question. "Ballot Question Advocate" means any person, group, or organization making expenditure with a cumulative total that exceeds one thousand dollars ($1,000) in an advocacy cycle for ballot-question advocacy on a particular ballot question.

"Expenditures" means any reported expenditures filed in conformance with the Rules and Regulations of the Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-15 § 15.4 Determining Recount Eligibility - Recognized Standing

A.Pursuant to R.I. Gen. Laws § 17-19-37.3, where a person, group, or organization has reported expenditures as a Ballot Question Advocate either in support of or in opposition to a ballot question, that Ballot Question Advocate will only have "recognized standing" to request a recount on a ballot question if:

1.In ballot questions receiving fewer than 1,000 votes, the Ballot Question Advocate has independently expended over $1,000 in advocating that ballot question during the advocacy cycle;

2.In ballot questions receiving between 1,001 - 10,000 votes, the Ballot Question Advocate has independently expended over $5,000 in advocating that ballot question during the advocacy cycle;

3.In ballot questions receiving between 10,001 - 25,000 votes, the Ballot Question Advocate has independently expended over $10,000 in advocating that ballot question during the advocacy cycle;

4.In ballot questions receiving between 25,001 - 50,000 votes, the Ballot Question Advocate has independently expended over $15,000 in advocating that ballot question during the advocacy cycle;

5.In ballot questions receiving between 50,001 - 100,000 votes, the Ballot Question Advocate has independently expended over $25,000 in advocating that ballot question during the advocacy cycle;

6.In ballot questions receiving between 100,001 - 200,000 votes, the Ballot Question Advocate has independently expended over $35,000 in advocating that ballot question during the advocacy cycle; or

7.In ballot questions receiving over 200,000 votes, the Ballot Question Advocate has independently expended over $50,000 in advocating that ballot question during the advocacy cycle.

8.Or:

B.When a group, or organization has filed a list of member's names and addresses numbering at least 5 members for the town or district Ballot Questions, IO members for city Ballot Questions and 25 members for statewide Ballot Questions, and a statement that specifies which Ballot Question the group, or organization is advocating for, or against passage, with the Board of Elections prior to Election Day.

C.The Ballot Question Advocate or the president or secretary of a group or organization requesting a recount of votes on a ballot question shall file a notarized letter with the Board of Elections that includes the name, mailing address, and telephone number of the Ballot Question Advocate, group or organization within seven (7) days of the election. Ballot Question Advocates may not aggregate their expenditures or members to qualify under the provisions of this regulation.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-15 § 15.5 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

B.These rules and regulations were adopted at a meeting of the State Board of Elections held on the 24th day of March 2010 pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.). By Order of the Rhode Island Board of Elections

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2010-04-27 to 01/04/2022
Adoption — effective from 2010-04-27 to 04/27/2010

410-RICR-20-00-16 Tabulation of Mail Ballots

410-RICR-20-00-16 § 16.1 Authority

A.The Rhode Island Board of Elections hereby amends the Rules and Regulations relating to the tabulation of mail ballots pursuant to, and in accordance with the provisions of R.I. Gen. Laws §§ 17-7-1 et seq., 17-19-31,17-20-6, 17-20-10.2, 17-20-24, 17-20-26 and 17-22-1.

B.This Regulation is adopted pursuant to and in accordance with the provisions of R.I. Gen. Laws § 17-20-1, et seq.

History

Technical Revision — effective from 2022-09-07 to current
Amendment — effective from 2022-09-07 to 09/07/2022
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Adoption — effective from 2006-08-23 to 08/08/2010

410-RICR-20-00-16 § 16.2 Purpose

The State of Rhode Island's optical scan precinct count election system provides a fast and accurate way of processing and tabulating mail ballots. In accordance with the requirements and capabilities of the optical scan system, the Board of Elections has developed procedures for the handling, processing and tabulation of mail ballots in order to ensure the integrity of the electoral process.

History

Technical Revision — effective from 2022-09-07 to current
Amendment — effective from 2022-09-07 to 09/07/2022
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Adoption — effective from 2006-08-23 to 08/08/2010

410-RICR-20-00-16 § 16.3 Definitions

“Designated Election Official” means a member of the Board staff, or other person expressly authorized by the Board or its Executive Director to conduct functions that relate to the processing of mail ballot certification envelopes and tabulation of mail ballots. All authority to qualify or disqualify a mail ballot shall be subject to Board review and determination when required. Provided, further, that before any mail ballot is determined to be an undervote, the mail ballot shall be reviewed by at least one member of the Board, who can then bring the matter to the entire Board when needed. Designated Election Officials shall be sworn in by a member of the Board, or its Executive Director, and shall promise to apply all laws and regulations pertaining to elections, including but not limited to those laws and regulations pertaining to the certification and tabulation of mail ballots.

History

Technical Revision — effective from 2022-09-07 to current
Amendment — effective from 2022-09-07 to 09/07/2022
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Adoption — effective from 2006-08-23 to 08/08/2010

410-RICR-20-00-16 § 16.4 Procedures

A.The procedures for mail ballot tabulation and the steps to be followed for processing those ballots which are unable to be "read" by the automated ballot tabulator are as follows:

1.After processing and certification of the mail ballots as required under Board rules on Certification of Mail Ballots, they shall be separated in packages in accordance with their respective cities and towns, in publicly noticed sessions. In each instance the Board or the Designated Election Official(s) shall open the enclosing envelope, and without looking at the votes cast on the enclosed ballot, shall remove the ballot from the envelope. The ballots then shall be stored in secured containers until processing through the automated ballot tabulator. Not more than twenty (20) days prior to Election Day, the mail ballots will be processed by the Designated Election Official using the automated ballot tabulator.

2.Pursuant to § 16.5 of this Part, ballots that are torn or otherwise damaged upon opening of the envelopes in addition to ballots that are unable to be processed by the automated ballot tabulator (i.e. improperly marked ballots, damaged ballots, blank ballots) that have been out-stacked by the automated ballot tabulator will be given to the Board or the Designated Election Official(s) to determine voter intent, and duplication of the original ballot. Duplicated ballots will be kept together in a secured container until the duplication process is completed, upon which time the duplicate ballots shall be processed by the automated ballot tabulator.

3.Ballots containing write-in votes will be digitally imaged by the automated ballot tabulator pursuant to § 16.6 of this Part.

4.Upon completion of the processing of the mail ballots, said mail ballots shall be placed in the proper storage container. The storage containers will be sealed and stored at the Board of Elections for a period of twenty-two (22) months.

5.Mail ballots shall be totaled no earlier than 8:00 p.m. on Election Day.

History

Technical Revision — effective from 2022-09-07 to current
Amendment — effective from 2022-09-07 to 09/07/2022
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Adoption — effective from 2006-08-23 to 08/08/2010

410-RICR-20-00-16 § 16.5 Duplicating Ballots

A.It is possible that some ballots may not be processed due to damage, improper marking, Federal Write-In Absentee/Military or Overseas Ballots, Official State Blank Ballots or other circumstances. In those instances, the following procedures have been established to process and tabulate those ballots.

B.Ballots that are torn or otherwise damaged upon opening of the envelopes in addition to ballots that are unable to be processed by the automated ballot tabulator (i.e. improperly marked ballots, damaged ballots, electronically transmitted ballots) that have been segregated by the automated ballot tabulator will be given to the Board or the Designed Election Official(s) to determine voter intent consistent with this this Section and the requirements set forth below, and duplication of the original ballot. Ballots that have been duplicated by the Board or the Designated Election Official(s) will be kept together in a secured container until the duplication process is completed.

C.The Board or the Designated Election Official(s) will review the rejected ballot to determine voter intent, consistent with § 16.7. of this Part. If voter intent can be determined the ballot shall be duplicated. If the Board or the Designated Election Official is unable to determine voter intent for every contest or question on the ballot, the ballot shall be processed as a blank ballot.

D.If it is determined that a ballot has been damaged and/or cannot be electronically read, then the ballot shall be duplicated in the following manner:

1.Designated Election officials shall be assigned to work in pairs, not of the same party whenever feasible, and each pair shall be assigned a unique identifying number or letter.

2.A blank ballot will be retrieved from the blank ballot inventory for the appropriate precinct and marked "REMAKE" or “R” on the back of the ballot and assigned a number. All duplicated ballots will be numbered sequentially. The Designated Election Officials shall also include the unique identifier assigned to them.

3.The original ballot will be marked on the back "ORIGINAL" or “O” and given the same identifying number as the duplicate ballot. The Designated Election Officials shall also include the unique identifier assigned to them.

4.Two (2) designated election officials shall duplicate the ballot identical to the original ballot. Duplicated ballots will remain in a secured container until the duplication process is completed. If an error in the duplication process occurs, the duplicate ballot shall be voided. Another blank ballot shall be retrieved for the appropriate precinct and marked on the back "REMAKE" or “R” and given the same identifying number as the voided duplicate ballot.

5.All duplicated ballots will be delivered to the operator of the automated ballot tabulator for processing.

History

Technical Revision — effective from 2022-09-07 to current
Amendment — effective from 2022-09-07 to 09/07/2022
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Adoption — effective from 2006-08-23 to 08/08/2010

410-RICR-20-00-16 § 16.6 Write-In Votes

A.The procedures for processing and recording of ballots containing write-in votes are as follows:

1.The automated ballot tabulator will digitally image ballots containing write-in votes after the automated ballot tabulator records votes on contests where write-ins do not appear.

2.The Designated Election Official will retrieve the digital images from the secure storage drive on which the images are stored and record on write-in tally sheets the write-in votes.

3.After recording the write-in votes, the ballots will be placed into the appropriate storage container.

B.Note: Write-in votes are not permitted in primaries; provided, that write-in votes may be cast for presidential candidates at any presidential primary. Write-in votes are not permitted for delegate candidates at a presidential primary.

History

Technical Revision — effective from 2022-09-07 to current
Amendment — effective from 2022-09-07 to 09/07/2022
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Adoption — effective from 2006-08-23 to 08/08/2010

410-RICR-20-00-16 § 16.7 Voter Intent for Rejected Mail Ballots

A.Whenever a mail ballot is rejected by the digital scanner or other electronic computer reader, the Board or the Designated Election Official(s) shall, whenever possible, determine voter intent with respect to any and all mail ballots rejected by the reader.

B.No mail ballot shall be rejected for any immaterial addition, omission, or irregularity in the preparation or execution of the computer ballot, nor for failure of the voter to affix sufficient postage. No mail ballot shall be invalid by reason of mistake or omission in writing in the name of any candidate or ballot question where the candidate or ballot question intended by the voter is plainly identifiable. Where, because of any defect in marking, a mail ballot is held invalid as to any particular candidate for office or ballot question, it shall remain valid as to the candidates for other offices or other ballot question. No mail ballot shall be invalid by reason of the voter writing upon the inner envelope the name of a community within a town in place of the name of the town. No defect in the marking of the appropriate space associated with casting a vote shall invalidate any mail ballot or a vote for any candidate or ballot question, where the intention of the voter is clearly indicated.

C.No mail ballot shall be rejected if the intention of the voter is clear unless it contains clear evidence of the identity of the voter.

D.A mail ballot shall not be rejected solely due to the voter’s failure to comply with the instructions for marking a ballot when the marking technique used by the voter clearly and consistently indicates his or her choices on the mail ballot.

E.Inconsistent or extraneous markings on the mail ballot will not disqualify a ballot so long as the voter’s intent is evident from the voter’s markings.

F.Intent shall be ascertained only from the face of the mail ballot.

G.If a voter places a mark beside the names of more candidates for an office than are to be elected or nominated, the mail ballot is defective with respect only to that office. No vote shall be counted for any candidate for that office, but the rest of the mail ballot shall be counted if possible.

H.If a voter votes both for and against a question, no vote may be counted for that question, but the rest of the mail ballot must be counted, if possible.

I.If a voter has written the name of an individual in the proper place on a general or special election ballot a vote shall be counted for that individual whether or not the voter makes a proper mark opposite the blank where the name has been written.

J.When the names of more candidates for an office than are to be elected or nominated, and an attempt has been made to erase or obliterate one or more of the marks, a vote or votes shall be counted for the remaining marked candidate or candidates. If a voter votes both for and against a question, and an attempt has been made to erase or obliterate one of the marks, a vote shall be counted for the remaining marked option. If an attempt has been made to obliterate a write-in name a vote shall be counted for the remaining write-in name or marked candidate.

K.The Board staff shall publish a printed Guide containing instructions for Designated Election Officials on the determination of voter intent in accordance with these regulations. The Guide shall be updated periodically and made available to candidates and the public.

History

Technical Revision — effective from 2022-09-07 to current
Amendment — effective from 2022-09-07 to 09/07/2022
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Technical Revision — effective from 2010-08-08 to 01/04/2022
Amendment — effective from 2010-08-08 to 08/08/2010
Adoption — effective from 2006-08-23 to 08/08/2010

410-RICR-20-00-17 Unaffiliated Voters Participating in Primary Elections

410-RICR-20-00-17 § 17.1 Unaffiliated Voters Participating in Primary Elections

A.The Rhode Island Board of Elections hereby establishes within rules and regulations relating for Unaffiliated Voters Participating in Primary Elections, pursuant to and in accordance with R.I. Gen. Laws § 17-9.1-23(C), as amended

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2008-08-26 to 01/04/2022
Adoption — effective from 2008-08-26 to 08/26/2008

410-RICR-20-00-17 § 17.2 Purpose

The within rules and regulations are hereby proposed for the purpose of expounding on R.I. Gen. Laws § 17-9.1-23(C) and clarifying the party status of a voter's party affiliation upon participating in a primary.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2008-08-26 to 01/04/2022
Adoption — effective from 2008-08-26 to 08/26/2008

410-RICR-20-00-17 § 17.3 Definitions

A."Affiliated" or "Affiliation" means to be a member of a designated political party.

B."Ballot application" means an application issued to a voter in which they must certify their name and home address as their own, and before they are issued an official ballot. This includes precinct ballot applications, mail ballot applications, and provisional ballot applications.

C."Board of Canvassers" or "Local Board" means a town or city board of canvassers, board of canvassers and registration, canvassing authority, or any other local board, commission, or officer empowered by law to have custody of the permanent registration records.

D."Disaffiliate" or "Disaffiliation" means to remove or change party affiliation.

E."Participate" or "Participation" means to complete and sign a ballot application. Even if a voter does not cast a ballot in the primary, a signed ballot application will constitute participation, and the Local Board shall record the voter's affiliation.

F."Party" or "Political party" means:

1.any political organization which, at the next preceding general election for the election of general officers, nominated a candidate for governor, and whose candidate for governor at the election polled at least five percent (5%) of the entire vote cast in the state for governor, or

2.any political organization which at the next preceding general election for the election of a president of the United States nominated a candidate for president and whose candidate for president at the election polled at least five percent (5%) of the entire vote cast in the state for president, or

3.any political organization which, on petition forms provided to the chairperson of the organization by the state board of elections, obtains the signatures and addresses of that number of registered qualified voters equal to five percent (5%) of the entire vote cast in the state for governor or president in the immediately preceding general election. All the signatures must be obtained no earlier than January 1 of the year in which the political organization desires to place a candidate or candidates on any ballot as a "party" candidate. If the political organization wishes to select its nominees in a primary election, the petitions, bearing the requisite number of valid signatures, shall be presented to the appropriate local boards of canvassers no later than June 1 of the same year. If the petitions are validated by the local boards as containing the requisite number of valid signatures, the political organization shall be deemed to be a political party for all elections held during the year and may select its nominees in a primary election. If the political organization does not wish to select its nominees in a primary election, then the petitions need not be returned to local boards of canvassers until August 1 of the same year. An organization qualifying as a political party through the petition process shall qualify as a political party only during the year in which signatures are obtained unless the candidates for governor or president of the United States of the party at a general election held in the year, shall receive five percent (5%) of the vote as provided in this subdivision for either governor or president of the United States. If the candidates do not receive five percent (5%) of the vote, the organization shall no longer qualify as a political party unless and until it shall, in a subsequent year, once again qualify by the submission of petitions;

G."Precinct" means the geographical subdivision within a City/Town assigned to voters pursuant to R.I. Gen. Laws § 17-11-1.

H."Primary election" means any election to select the candidates of a political party

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2008-08-26 to 01/04/2022
Adoption — effective from 2008-08-26 to 08/26/2008

410-RICR-20-00-17 § 17.4 Explanation

If an unaffiliated voter participates in a primary election, the Board of Elections will consider that person to be affiliated with the political party in whose primary they participated. The Local Board of Canvassers will record this affiliation accordingly. In this instance, participation does not include circulating or signing nomination papers.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2008-08-26 to 01/04/2022
Adoption — effective from 2008-08-26 to 08/26/2008

410-RICR-20-00-17 § 17.5 Participation

A.An unaffiliated voter will be considered a participant in a primary election (and thus affiliated with the political party in whose primary they participated) if they complete and sign a ballot application. The types of ballot applications are:

1.Precinct Ballot Application - An application a voter must complete and sign at a polling place before an election official can issue the voter a ballot.

2.Mail Ballot Application - An application of a voter must complete if they are unable to vote in person on Election Day.

3.Provisional Ballot Application - An application a voter completes and signs when the voter's eligibility is in question, regardless if the ballot is qualified or disqualified.

B.Upon completing and signing a ballot application for a primary, an unaffiliated voter will become affiliated with the party in whose primary they have applied to vote. Even if the voter does not cast a ballot in the primary election, as long as they complete and sign the ballot application they will be deemed a member of that political party.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2008-08-26 to 01/04/2022
Adoption — effective from 2008-08-26 to 08/26/2008

410-RICR-20-00-17 § 17.6 Disaffiliation

If a voter wishes to disaffiliate from the political party they are associated with they may do so by following the provisions of R.I. Gen. Laws § 17-9.1-24.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2008-08-26 to 01/04/2022
Adoption — effective from 2008-08-26 to 08/26/2008

410-RICR-20-00-17 § 17.7 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

B.These rules and regulations are adopted this day of July 2008 pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.). By Order of the Rhode Island Board of Elections.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2008-08-26 to 01/04/2022
Adoption — effective from 2008-08-26 to 08/26/2008

410-RICR-20-00-18 Voter Identification

410-RICR-20-00-18 § 18.1 Voter Identification

A.The Rhode Island Board of Elections hereby proposes rules and regulations relating to voter identification pursuant to and in accordance with R.I. Gen. Laws Chapters 17-7 et seq. and 17-19 et seq., due to the enactment of R.I. Gen. Laws § 17-19-24.2 effective January 1, 2012

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Adoption — effective from 2012-03-22 to 03/22/2012

410-RICR-20-00-18 § 18.2 Purpose

These rules and regulations are adopted by the Board of Elections for the purpose of implementing the voter identification (“Voter ID") requirements of R.I. Gen. Laws § 17-19-24.2 and to address those voter identification issues not otherwise specifically referred to in the Rhode Island General laws.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Adoption — effective from 2012-03-22 to 03/22/2012

410-RICR-20-00-18 § 18.3 Definitions

“Board of Canvassers” or “Local Board” means the Board of Canvassers in a city or town.

“Board of Elections” or “State Board” means the Rhode Island Board of Elections.

“Current and valid” means the document has not expired by its terms prior to the date it is presented.

“Election day” means any time the polls are open for the conduct of a primary, general or special election, or referendum.

“ID” means identification.

“Non-photo ID” is further described in § 18.4(A)(2) of this Part below, and shall mean a current and valid document without a photograph of the person to whom the document was issued

“Photo ID” is further defined in § 18.4(A)(1) of this Part below, and shall mean a current and valid document that includes a photograph of the voter.

“Proof of identity” means current and valid identification

“RI” means the State of Rhode Island.

“Voter identification card” means a voter identification issued by the Rhode Island Secretary of State.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Adoption — effective from 2012-03-22 to 03/22/2012

410-RICR-20-00-18 § 18.4 Proof of Identity

A.Any person claiming to be a registered and eligible voter who desires to vote on Election Day shall provide proof of identity. Acceptable proof of identity is as follows:

1.Photo Identification

Voters presenting themselves to vote at the polling place shall present to polling place election officials a current and valid document listed below, that includes a photograph of the person to whom the document was issued:

a.Rhode Island Driver's license;

b.Rhode Island voter identification card

c.United States passport;

d.Identification issued by a United States educational institution;

e.United States military identification card;

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

g.Government issued medical card;

h.Employee identification card;

i.Identification card provided by a commercial establishment;

j.Credit or debit card;

k.Health club identification card;

l.Insurance plan identification card;

m.Public housing identification card.

2.Non-Photo Identification

On any Election Day held before January 1, 2014, a voter need not present a Photo ID and, instead may present a Non-Photo ID. Such identification must include the name and address that matches the pollbook of the Voter presenting it, and is dated since the date of the last general election, unless the document is intended to be of a permanent nature such as a birth certificate, social security card or a government issued medical card, then only a name is required. Such valid Non-Photo ID documents include:

a.Birth certificate;

b.Social Security card;

c.Government issued medical card;

d.Utility bill;

e.Bank statement;

f.Document issued by a government agency;

g.Lease or rental statement;

h.Student identification;

i.Tuition statement or bill;

j.Insurance plan card;

B.Failure to present current and valid identification

1.Up to and including January 1, 2014, if a person claiming to be a registered and eligible voter does not present a valid Photo ID or Non-Photo ID to the polling place official on Election Day, in accordance with either §§ 18.4(A)(1) or (2) of this Part above, said person shall be provided a provisional ballot pursuant to R.I. Gen. Laws § 17-19-24.2. The local board shall determine the validity of the provisional ballot pursuant to R.I. Gen. Laws § 17-19-24.3 and regulations established by this board governing provisional ballots.

C.For any Election Day that occurs after January 1, 2014, if a person claiming to be a registered and eligible voter does not present a valid Photo ID to the polling place official, in accordance with §§ 18.4(A)(1)(a) through (g) of this Part above, said person shall be provided with a provisional ballot, pursuant to R.I. Gen. Laws § 17-19-24.2. The local board shall determine the validity of the provisional ballot pursuant to R.I. Gen. Laws § 17-19-24.3 and rules & regulations established by this board governing provisional ballots.

D.First time mail or third party voter registration applicants in Rhode Island identification requirements.

1.In accordance with the Help America Vote Act of 2002 ("HAVA"), first-time mail or third-party voter registrations applicants must present the current and valid identification types as required under HAVA and rules & regulations governing voter registration established by this board in addition to R.I. Gen. Laws § 17-19-24.2.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Adoption — effective from 2012-03-22 to 03/22/2012

410-RICR-20-00-18 § 18.5 Implementation

A.The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2012-03-22 to 01/04/2022
Adoption — effective from 2012-03-22 to 03/22/2012

410-RICR-20-00-19 Voter Registration

410-RICR-20-00-19 § 19.1 Purpose

These rules and regulations are adopted by the Board of Elections for the purpose of implementing the voter registration requirements of both federal and state laws.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Amendment — effective from 2017-02-01 to 05/28/2018
Amendment — effective from 2012-03-22 to 02/01/2017
Amendment — effective from 2011-12-21 to 03/22/2012
Amendment — effective from 2010-05-18 to 12/21/2011
EMERGENCY RULE Amendment — effective from 2010-02-26 to 05/18/2010
Amendment — effective from 2008-08-26 to 05/18/2010
Amendment — effective from 2008-03-03 to 08/26/2008
Adoption — effective from 2004-03-25 to 03/03/2008

410-RICR-20-00-19 § 19.2 Authority

The Rhode Island Board of Elections hereby amends the rules and regulations relating to voter registration pursuant to and in accordance with R.I. Gen. Laws §§ 17-7-5(c) and 17-9.1-1 et seq. Said rules and regulations are adopted pursuant to the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1 et seq.) and are available for public inspection at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island and are also available electronically on the website of the Secretary of State in the Rhode Island Code of Regulations.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Amendment — effective from 2017-02-01 to 05/28/2018
Amendment — effective from 2012-03-22 to 02/01/2017
Amendment — effective from 2011-12-21 to 03/22/2012
Amendment — effective from 2010-05-18 to 12/21/2011
EMERGENCY RULE Amendment — effective from 2010-02-26 to 05/18/2010
Amendment — effective from 2008-08-26 to 05/18/2010
Amendment — effective from 2008-03-03 to 08/26/2008
Adoption — effective from 2004-03-25 to 03/03/2008

410-RICR-20-00-19 § 19.3 Definitions

A."Board of canvassers" or "Local board" means the board of canvassers in a city or town.

B."Board of Elections" or "State board" means the Rhode Island Board of Elections.

C."CVRS" or "Central voter registration system" shall mean the single, unified, centralized, interactive computerized statewide voter registration system maintained and administered by the Office of the Secretary of State. The CVRS shall be the official voter registration system utilized by local boards of canvassers for the conduct of all federal, state and local elections in Rhode Island and shall include the name and registration information for every registered voter in the state.

D."Current" and "valid" means the document has not expired by its terms prior to the date it is presented.

E."Election day" means any time the polls are open for the conduct of an election, primary, or referendum.

F."Election official" means the Board of Elections and its designees, the local boards of canvassers and its designees, including but not limited to, Moderator/ Wardens, Clerks and Supervisors.

G."Government agency" means any governmental agency of a city, town, state or the United States.

H."Recognized political party" means a political party that has met the recognition requirements of R.I. Gen. Laws § 17-1-2(9).

I."Secretary of State" or "Secretary" means the Office of the Secretary of State of Rhode Island.

J.“Rhode Island state ID" means an identification card issued by the Rhode Island Division of Motor Vehicles.

K."Voter identification number" or "Voter ID number" means the number assigned to each registered voter by the CVRS.

L."Voter registration agency" means an office designated by the State Board to perform voter registration activities. Offices so designated include: Board Of Elections; Office of the Secretary of State; local Boards of Canvassers; Division of Motor Vehicles; Department of Corrections; Department of Human Services; Department of Behavioral Healthcare, Developmental Disabilities & Hospitals; Department of Health Women, Infants and Children (WIC) program; United States armed forces (subject to procedures developed by the State Board in cooperation with the United States Department of Defense); offices in the state that provide state funded programs primarily engaged in providing services to persons with disabilities, in accordance with R.I. Gen. Laws § 17-9.1-8(a)(2); state or local government offices such as public libraries, public schools, offices of city and town clerks (including marriage license bureaus); fishing and hunting license bureaus; government revenue offices; unemployment compensation offices; and offices not described in subdivision R.I. Gen. Laws § 17-9.1-8(a)(2) of this section that provide services to persons with disabilities, in accordance with R.I. Gen. Laws § 17-9.1-8(b)(1), federal and nongovernmental offices, with agreement of those offices, in accordance with R.I. Gen. Laws § 17-9.1- 8(b)(2),and any other offices designated by the State Board.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Amendment — effective from 2017-02-01 to 05/28/2018
Amendment — effective from 2012-03-22 to 02/01/2017
Amendment — effective from 2011-12-21 to 03/22/2012
Amendment — effective from 2010-05-18 to 12/21/2011
EMERGENCY RULE Amendment — effective from 2010-02-26 to 05/18/2010
Amendment — effective from 2008-08-26 to 05/18/2010
Amendment — effective from 2008-03-03 to 08/26/2008
Adoption — effective from 2004-03-25 to 03/03/2008

410-RICR-20-00-19 § 19.4 Voter Registration Process

A.Every person who is or may be qualified by the next Election Day to vote may register by any of the following methods:

1.By completing a Rhode Island voter registration form, as prescribed by the State Board at the Board of Elections, either by In-Person, Third-Party, or by Mail, as set forth in § 19.5 of this Part;

2.By submitting an electronic voter registration application through the Secretary of State website, as prepared by the Secretary, or other electronic portal established and maintained by the Secretary for the purpose of accepting electronic voter registrations,

3.Through annual registrations at high schools, and vocational schools, as conducted under the supervision of the local boards of canvassers in accordance with R.I. Gen. Laws § 17-9.1-4.1,

4.Through local registration agents appointed by the local boards of canvassers in accordance with R.I. Gen. Laws § 17-9.1-5,

5.Through statewide registration agents appointed by the State Board,

6.By submitting an application at the Division of Motor Vehicles for a driver’s license or a renewal of the license,

7.At the time that a person is discharged from incarceration from the Department of Corrections in accordance with R.I. Gen. Laws §§ 17-9.1-8(a) and 17-9.2-1, et seq., and

8.At any office in the state that provides public assistance.

B.Every person who is otherwise qualified to register to vote and is at least sixteen (16) years of age but will be eighteen (18) years of age by the date of the next election, may preregister by using any of the methods prescribed in § 19.4(A) of this Part, and otherwise complying with the terms of this regulation and R.I. Gen. Laws § 17-9.1-1 et seq. Individuals who are preregistered will be automatically registered to vote in accordance with this regulation upon reaching eighteen (18) years of age. Until preregistered individuals reach eighteen (18) years of age, they will not be registered to vote, and may not be on the voter rolls or otherwise permitted to vote.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Amendment — effective from 2017-02-01 to 05/28/2018
Amendment — effective from 2012-03-22 to 02/01/2017
Amendment — effective from 2011-12-21 to 03/22/2012
Amendment — effective from 2010-05-18 to 12/21/2011
EMERGENCY RULE Amendment — effective from 2010-02-26 to 05/18/2010
Amendment — effective from 2008-08-26 to 05/18/2010
Amendment — effective from 2008-03-03 to 08/26/2008
Adoption — effective from 2004-03-25 to 03/03/2008

410-RICR-20-00-19 § 19.5 Voter Registration Form

A.Voter Registration Data. Persons may register to vote in Rhode Island by completing a Rhode Island Voter Registration Form, in a format prescribed and authorized by the Board of Elections within these regulations; or a federal voter registration application prepared by the Federal Election Assistance Commission, or other designated federal agency; or when casting a vote for president or vice president on election day, in accordance with R.I. Gen. Laws § 17-1-3; or submitting an application for a provisional ballot at the polling place on election day; or submitting an electronic application for voter registration through the Rhode Island Division of Motor Vehicles in accordance with R.I. Gen. Laws § 17-9.1-7; or submitting an electronic registration through the Secretary of State website or other electronic portal established and maintained by the Secretary for the purpose of accepting electronic voter registrations.

1.Registration Form - The State Board shall publish a Rhode Island Voter Registration Form and instructions that include:

a. Type of registration

(1)The applicant shall check the purpose for the submission of the voter registration form including: new registration, address change, party change, or name change.

b.Declaration of "Citizenship", "Residence" & "Age"

(1)The applicant shall be required to check the appropriate boxes acknowledging that he/she:

(AA)is a citizen of the United States and the State of Rhode Island;

(BB)is at least 16 years of age (You must be 18 years of age to vote).

(2) In the event that the applicant answers “No” to either question, he/she shall be instructed to not complete the form and the application shall be rejected and not processed.

c. Rhode Island Driver's License or State ID Card Number/Last 4 Digits of Social Security number

d.The applicant shall provide information as set forth below and more fully set forth under § 19.5(C) of this Part.

(1)The applicant shall provide his/her Rhode Island driver’s license number or Rhode Island State ID number. In the case of an applicant who has not been issued a current and valid Rhode Island driver’s license or a current and valid Rhode Island State ID, he/she shall provide the last 4 digits of his/her Social Security number. If an applicant has not been issued either a current and valid Rhode Island driver’s license, Rhode Island State ID number or Social Security number, then he/she shall be instructed to place a check mark in the box provided indicating that he/she has not been issued a Rhode Island driver’s license, Rhode Island State ID number or Social Security number. The applicant shall then be assigned a unique identification number for voter registration purposes by the CVRS.

e.Applicant's Full Name

(1)The applicant shall print his/her last name, first name and middle name (or initial).

f.Home Address (residence address)

(1)The applicant shall enter the full address of the city/town where he/she resides including the street address, apartment number, and zip code. A Post Office box shall not be considered a residence. Residents without a permanent address may register to vote from the address of the board of canvassers of their city/town or may provide a location to the board of canvassers of their city/town where they are commonly located.

g.Mailing Address (address where mail is received if different from (e). Home Address)

h.Date of Birth

i.Phone Number/E-Mail Address (The completion of this data is optional and information submitted on the voter registration form is statutorily defined as a public record.)

j.Party Affiliation (if any)

(1)An applicant may choose to register with a recognized political party in Rhode Island by checking the name of the recognized political party, or selecting "Other" and writing the name of the unlisted recognized political party on the line provided. An applicant who does not wish to register with a party shall check "Unaffiliated." An applicant who leaves this item blank, or lists the name of a political party not recognized in the state will be registered as "Unaffiliated." New forms with a listing of all recognized parties shall be used within 60 days of when a party achieves party recognition in the State of Rhode Island at the local boards of canvassers and on-line as soon as possible. The Board of Elections may not use outdated forms for more than 90 days from when a party achieves party recognition in the State of Rhode Island.

k.Affirmation, Signature & Date

(1)The applicant shall be required to sign his/her name (or make his/her mark) in ink and shall enter the date the registration form was completed.

l.Previous Name

(1)If an applicant is registered to vote and has since legally changed his/her name, the registrant's name, as recorded on their previous registration, shall be included here.

m.Previous Address

(1)If an applicant was previously registered to vote from another address, then the previous address including the street number and name, city or town, state and zip code shall be entered here.

2.Nothing in these rules and regulations shall prevent a person from receiving assistance in the preparation or filing of a Voter Registration Form.

B.Voter Registration Form Submission Categories

1.The manner in which voter registrations may be submitted and the effective date of registration shall be as follows:

a."In-Person" registrations are those registrations that are personally delivered by the applicant or are completed by the applicant at the Board of Elections or other Voter Registration Agency where election officials are available to assist registrants and receive the registration forms; or submitting an electronic in-person application for voter registration through the Rhode Island Division of Motor Vehicles in accordance with R.I. Gen. Laws § 17-9.1-7. The effective date of registration shall be the date of submission of the completed registration form to the Voter Registration Agency or the Rhode Island Division of Motor Vehicles.

b."Third Party" registrations are voter registrations that are delivered by someone other than the applicant to either the State Board, Secretary of State or local board of canvassers, or downloaded from the Rhode Island Division of Motor Vehicles website in conjunction with an online driver’s license renewal. The effective date of registration shall be the date of submission by the third party of the completed registration form to either the State Board, Secretary of State or local board.

c."Mail" registrations are those registrations mailed through the United States Postal Service or delivered by commercial carrier to the State Board, Secretary of State or a local board of canvassers. The effective date of registration shall be the date the completed registration form is postmarked, however, if there is no postmark or the postmark is illegible and the registration form is received within 5 days of the registration deadline, then the application is effective on the last day to vote for that election. If there is no postmark or the postmark is illegible and the registration form is received more than 5 days after the registration deadline, then the effective date of registration is the date received by the State Board or local board.

d.“Electronic registration of voters.” A person may register to vote or update existing voter registration information by electronically submitting the registration on the website for the Secretary of State or other electronic portal established by the Secretary for the purpose of receiving voter registrations. The electronic application shall contain all of the information required by Rhode Island law, including the criteria set forth under R.I. Gen. Laws § 17-9.1-9 and this regulation, except that said application shall be accepted without signature when such signature may be obtained from another state agency, quasi-public agency, or municipality data base. In such circumstance, the Secretary shall verify that the applicant information is accurate by cross-referencing the information submitted with the data or information contained in a data base administered by a state agency, quasi-public agency, or municipality or by the federal government or any other voter registration data base of any other state. The use of such information from any other data base shall be exclusively for the purpose of verifying the information submitted by an applicant and shall not be conveyed to or shared with any other governmental or non-governmental entity or person for any reason except for voter registration purposes or pursuant to a court order. The applicant shall expressly authorize the transmittal for voter registration purposes to the Secretary and the local boards of canvassers his or her signature that is on file with any state agency, quasi-public agency or municipality. The voter registrant shall also certify that all of the information submitted electronically to the Secretary is both true and correct as of the date of electronic submission.

(1)When a person registers for the first time and does so electronically through the website or portal established by the Secretary of State, the applicant must enter a valid Rhode Island driver’s license or Rhode Island ID number. Otherwise, the applicant will be permitted to prepare an application online, print it and either mail or deliver the application to the appropriate local board of canvassers. Said application will then be subject to the registration requirements of either In-Person or Mail, as applicable.

e.The Secretary's portal for voter registrations and any related form shall be available in any language required by either federal or state voting rights laws and shall comply with all requirements under Title II of the Americans With Disabilities Act, 42 U.S.C. §§ 12131 through 12165, and with the Web Content Accessibility Guidelines (WCAG) 2.0 Compliance Level AA.

C.Documentation Requirements Regarding Voter Registration

1.The applicant shall enter his /her valid Rhode Island driver’s license number or Rhode Island State ID number on the voter application. In the case of an applicant who has not been issued a current and valid Rhode Island driver’s license or a current and valid Rhode Island State ID, the applicant shall enter the last 4 digits of his/her Social Security number.

2.If the applicant is registering In Person and has not been issued either a current and valid Rhode Island driver’s license, Rhode Island State ID or Social Security number, he/she shall be instructed to place a check mark in the box provided indicating that he/she has not been issued a Rhode Island driver’s license, Rhode Island ID number or Social Security number and he/she shall then be assigned a unique identification number by the CVRS for voter registration purposes.

3.If the applicant is registering by Mail or Third Party and is a person who has not voted in an election for federal office in Rhode Island and also has not been issued either a current and valid Rhode Island driver’s license, Rhode Island State ID or Social Security number, he/she shall be instructed to place a check mark in the box provided indicating that he/she has not been issued a Rhode Island driver’s license, Rhode Island ID number or Social Security number and the applicant will be required to provide one of the following forms of identification:

a.A copy of a current and valid photo identification provided by a third party in the ordinary course of business that includes the name and photograph of the applicant. In addition to a current and valid Rhode Island driver's license and Rhode Island State ID, the acceptable forms of photo identification include:

(1)United States passport;

(2)Identification issued by a United States educational institution;

(3)United States military identification card;

(4)Identification card issued by the United States or the State of Rhode Island;

(5)Valid photo identification issued to tribal members by a federally recognized tribal government, including the Narragansett Tribe.

(6)Government issued medical card;

(7)Employee identification card;

(8)Identification card provided by a commercial establishment;

(9)Credit or debit card;

(10)Student identification card issued by a recognized United States educational institution;

(11)Health club identification card;

(12)Insurance plan identification card;

(13)Public housing identification card; or,

b.A copy of a current utility bill, bank statement, lease or rental statement, government check, paycheck, or other government document that shows the name and address of the applicant.

c.A copy of the above-listed document must be provided:

(1)with the application; or

(2)at the polling place if voting in person; or

(3)enclosed in the envelope with the mail ballot if voting by mail; or

(4)at the board of canvassers at any time before the close of the polls or at the polling place on Election Day.

d.Upon confirmation of the applicant’s identity, the identification documents submitted by the voter shall be destroyed.

D.Incomplete and/or Defective Registrations. Registrations that are determined to be incomplete or defective by the local board of canvassers shall be treated as follows:

1.Rejected Applications. A voter registration form will not be accepted or processed if:

a.the applicant fails to respond to the questions regarding age and citizenship or answers “No” to either or both questions; or

b.The applicant fails to sign the form.

c.The local board of canvassers shall notify the applicant of the reason the registration was not accepted. Said notice shall be in writing and sent immediately, no later than seven (7) days following receipt of the registration.

2.Incomplete or Defective Voter Registrations

a.When a first-time voter registration applicant provides a Rhode Island driver’s license number, Rhode Island State ID number or last 4 digits of a Social Security number that cannot be matched to the applicant but the State or local board of canvassers is able to otherwise accurately match an applicant’s driver’s license number, State identification number, or last four digits of his or her Social Security number with data maintained either on the CVRS, Division of Motor Vehicles or federal Social Security Administration, with or without seeking additional information or clarification from the applicant, then the applicant shall be registered to vote, effective as of the date of the submission or receipt of the application;

b.In the event that the State or local board of canvassers is unable to match the first-time voter registration applicant to a driver’s license number, State identification number or last four digits of the Social Security number, despite a search of the CVRS, or an inquiry to the Division of Motor Vehicles or federal Social Security Administration, then the local board of canvassers will immediately (no later than 7 days) notify the applicant in writing and inform the applicant that he or she must present an alternative form of identification listed in §§ 19.5(C)(3)(a) or (b) of this Part above to the local board of canvassers or to a polling place official and shall be deemed registered to vote effective as of the original date of submission or his or her application.

c.Notwithstanding any other provision in this Section, if the State or local board of canvassers is able to match an applicant’s driver’s license number, State identification card, or last four digits of his or her Social Security number with the records maintained on the CVRS, Division of Motor Vehicles or federal Social Security Administration, with or without seeking additional information or clarification from the applicant, then the applicant shall be registered to vote, effective as of the date of the submission or receipt of the original application, unless there exists a separate basis for concluding that the applicant is ineligible to vote independent of the matching process.

E.Registrations that do not select a recognized political party in Rhode Island shall be processed as "Unaffiliated."

F.Currently Registered Voters

1.Notwithstanding the provisions and requirements of this section, election officials shall accept and process a registration form which has been signed and submitted by an individual who is currently a registered voter in Rhode Island and who is submitting the form for the purpose of changing his/her name and/or address or to change his/her political party affiliation.

G.Voter Affirmation Forms

1.A Voter Affirmation form (R.I. Gen. Laws § 17-9.1-16) completed and signed at the polling place on Election Day by an individual who is at that time a registered voter within the city/town where the Voter Affirmation card is submitted, may be used for the purpose of changing his/her name and/or address.

H.Rhode Island Division of Motor Vehicle Change of Address Form

1.Any change of address form submitted to the Rhode Island Division of Motor Vehicles in accordance with Rhode Island state law for purposes of a state motor vehicle license or State ID shall serve as a notification of change of address for voter registration purposes for the registrant involved, unless the registrant states on the form that the change is not for voter registration purposes. Such change of address notification shall be transmitted by the Division of Motor Vehicles to the CVRS in accordance with R.I. Gen. Laws § 17-9.1-7.

I.Confidentiality

1.To the extent permitted by law, all applicants' Rhode Island driver’s license numbers, Rhode Island State ID numbers, the last 4 digits of applicants' Social Security numbers or photocopies of all such documents and any other documents submitted in conjunction with meeting the identification requirements for first-time voter registration applicants shall remain confidential and shall only be available to election officials solely for election purposes and shall not be part of the public record or available for public inspection.

J.Declarations of Candidacy

1.Notwithstanding any other provisions of these rules and regulations, a person filing a declaration of candidacy whose application for voter registration is subject to the requirements of § 19.5 of this Part, shall be required to present the necessary identification to the appropriate local board prior to or at the time of filing said declaration.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Amendment — effective from 2017-02-01 to 05/28/2018
Amendment — effective from 2012-03-22 to 02/01/2017
Amendment — effective from 2011-12-21 to 03/22/2012
Amendment — effective from 2010-05-18 to 12/21/2011
EMERGENCY RULE Amendment — effective from 2010-02-26 to 05/18/2010
Amendment — effective from 2008-08-26 to 05/18/2010
Amendment — effective from 2008-03-03 to 08/26/2008
Adoption — effective from 2004-03-25 to 03/03/2008

410-RICR-20-00-19 § 19.6 CVRS-issued Identification Numbers of Registered Voters

The CVRS shall assign a unique "voter identification number" to every registered voter that shall remain assigned to the voter while the voter resides in Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Amendment — effective from 2018-05-28 to 01/04/2022
Amendment — effective from 2017-02-01 to 05/28/2018
Amendment — effective from 2012-03-22 to 02/01/2017
Amendment — effective from 2011-12-21 to 03/22/2012
Amendment — effective from 2010-05-18 to 12/21/2011
EMERGENCY RULE Amendment — effective from 2010-02-26 to 05/18/2010
Amendment — effective from 2008-08-26 to 05/18/2010
Amendment — effective from 2008-03-03 to 08/26/2008
Adoption — effective from 2004-03-25 to 03/03/2008

410-RICR-20-00-20 Challenging the Registration of a Voter Pursuant to R.I. Gen. Laws § 17-9.1-28

410-RICR-20-00-20 § 20.1 Challenging the Registration of a Voter Pursuant to R.I. Gen. Laws § 17-9.1-28

A.Any person desiring to challenge the registration of any registered voter must file a separate affidavit with the local board of canvassers for each voter they wish to challenge. The affiant must affix any supporting documents to the affidavit. Each affidavit must be based upon the personal knowledge of the affiant and must set forth evidence which would create a reasonable cause to suspect that the challenged voter is not in fact eligible to vote. Evidence of the return of undeliverable mail shall not, in and of itself, constitute reasonable cause and affidavits alleging undeliverable mail must contain additional evidence that the voter is not eligible to vote.

B.For the purposes of determining reasonable cause, all information and documentation must be affixed to the affidavit and submitted to the local board of canvassers at least 20 days before an impending election. Challengers will not be allowed to supplement their affidavits less than 20 days before an election. Provided, however, that no person may be removed from a voting list within the ninety (90) day period prior to any election unless such person shall request such removal or testify under oath that such person no longer resides within such city or town, or by reason of criminal conviction, mental incapacity or death.

C.If the response to item #3 in the affidavit requires the attachment of additional pages the affiant must indicate in the appropriate space on the affidavit the number of additional pages so attached and each additional page must be labeled at the top of the page “Item #3 continued”.

D.Any challenge not in conformance with this regulation will be returned to the challenger.

E.The affidavit used to challenge a voter’s right to vote shall be in substantially the following form:

F.By Order of the Rhode Island State Board of Elections. ADOPTED AT A MEETING OF THE BOARD OF ELECTIONS HELD ON JUNE 20, 1995. At a June 27, 2006 meeting of the board and in accordance with R.I. Gen. Laws § 42-35-4.1, the members voted to refile Amended Regulations Adopted By the State Board of Elections in Connection with Challenging the Registration of a Voter Pursuant to R.I. Gen. Laws § 17-9.1-28 (last filed with Administrative Records on 9/26/95).

History

Periodic Refile — effective from 2022-01-04 to current
Technical Revision — effective from 2006-08-03 to 01/04/2022
Periodic Refile — effective from 2006-08-03 to 08/03/2006

410-RICR-20-00-22 Rules of Practice and Procedure Regarding Appeals from Rulings by Local Boards of Canvassers

410-RICR-20-00-22 § 22.1 Purpose

To outline Appellate Procedure from Rulings by Local Boards of Canvassers.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-05-28 to 01/04/2022

410-RICR-20-00-22 § 22.2 Authority

These Rules of Practice and Procedure Regarding Appeals from Rulings by Local Boards of Canvassers (hereinafter the “Rules of Appellate Procedure”) are adopted pursuant to R.I. Gen. Laws § 17-7-1, et seq., and in accordance with the Administrative Procedures Act, (R.I. Gen. Laws § 42-35-1, et seq.). All regulations are available for public inspection at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-05-28 to 01/04/2022

410-RICR-20-00-22 § 22.3 Definitions

A.“Board” means the State Board of Elections, as defined in R.I. Gen. Laws § 17-7-5.

B.“Board of canvassers” means any of the boards of canvassers for each of the cities and towns in the State of Rhode Island.

C.“Party” or “Parties” means each person named or added to a matter pending before the Board of Elections.

D.“Petitioner” means the Party who brings an appeal from a decision, order or final action taken by a local board of canvassers.

E.“Respondent” means a Party whose rights are affected or adjudicated in the underlying matter and who seeks to uphold the Board of Canvassers’ action that is the subject of the appeal.

F.“Regular business hours” means the regular business hours of the Board and, unless otherwise specified, shall be 8:00 a.m. to 4:00 p.m. Monday through Friday.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-05-28 to 01/04/2022

410-RICR-20-00-22 § 22.4 Scope of Rules of Appellate Procedure

These Rules of Appellate Procedure shall govern any and all appeals to the Board of Elections from any decision, order, decree or other final action taken by a Board of Canvassers, unless otherwise specifically exempted by law, regulation or order by the Board.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-05-28 to 01/04/2022

410-RICR-20-00-22 § 22.5 Suspension of Rules

A.The Board recognizes that certain matters pertaining to elections are governed by accelerated deadlines under both Rhode Island and federal law. Consequently, upon a good cause determination, the Board may suspend any or all of the requirements set forth in these Rules of Appellate Procedure on application by a Party, or its own motion, and may order proceedings to be accelerated, in accordance with any and all deadlines imposed under applicable Rhode Island and federal law.

B.The Board shall notify the parties of the suspension of any rule, including time periods. Said notice by the Board shall be provided to the parties either electronically or in writing.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-05-28 to 01/04/2022

410-RICR-20-00-22 § 22.6 Procedure for Filing Appeal - 20 Days

A.Filing

1.Each and every appeal must be filed with the Board within twenty (20) days following the date of the order, decision, decree or other final action taken by a Board of Canvassers. Upon a showing of excusable neglect, the Board may extend the time for filing the notice of appeal for good and sufficient reason upon a motion made by any person.

2.An appeal shall be deemed to have been filed when the signed, original appeal is received and filed with the Board. Each appeal must include the following:

a.a written statement signed by the Petitioner, or if represented, by his or her legal counsel, that summarizes the order, decision, decree or other final action appealed from, the date that such order or decree was entered by the Board of Canvassers, and a concise summary of the reasons for appealing said action by the Board of Canvassers;

b.a copy of said order or decree, if available, from the Board of Canvassers;

c.the full name, telephone number and mailing address of the Petitioner and, if represented, legal counsel to Petitioner;

d.a brief but concise description of the alleged error of law or regulation, sufficient to apprise the Board and any Respondent of the nature of said appeal; and

e.a certification that a copy of said appeal was mailed to each and every Respondent known to Petitioner.

B.Response

Each Respondent shall be permitted to file a written reply within seven (7) days following the receipt of the appeal, unless a shorter or longer period of time is specified by the Board. Said Response shall briefly set forth each legal argument in support of the action taken by the Board of Canvassers.

C.Parties

Any person who has a particularized and legally protected interest that has been directly affected by a Board of Canvassers decision or action shall have standing to appear as either a Petitioner or Respondent. The capacity to be admitted as a Party shall be determined by the Board, in accordance with the law of the State of Rhode Island The Board shall confer standing liberally where the Board determines that a matter of substantial public interest is implicated.

D.Intervention in Pending Matter

1.Upon timely application, the Board will determine whether a person shall be permitted, as a matter of right, to intervene in a matter pending before the Board where:

a.a statute or other law confers an unconditional right to intervene; or

b.when the applicant claims an interest relating to the issue which is the subject of the appeal before the Board and the applicant is so situated that disposition of the matter may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.

2.Upon timely application to the Board, anyone may, at the discretion of the Board, be permitted to intervene where either:

a.a statute or other law confers a conditional right to intervene; or

b.when an applicant’s claim or defense and the main matter pending before the Board have a question of law or fact in common; or

c.for the purpose of filing an amicus brief to aid the Board in its consideration of any legal issue that arises in a matter pending before the Board.

3.A person desiring to intervene shall serve a motion to intervene upon the parties to the matter pending before the Board and shall file said motion with the Board.

E.Pre-hearing Conferences

1.Legal Counsel to the Board may, with reasonable written notice to the representatives of the Parties, require that all Parties or their counsel attend a pre-hearing conference to consider the following:

a.the simplification or clarification of the issues on appeal;

b.the possibility of obtaining stipulations, admissions, agreements on documents or similar agreements which will avoid unnecessary evidentiary proceedings;

c.the possibility of agreement disposing of all or any of the issues in dispute;

d.the consideration of outstanding motions;

e.scheduling of hearings; and

f.such other matters as may aid in the disposition of the appeal.

2.All Parties shall attend the pre-hearing conference fully prepared to discuss all matters involved in the proceedings. Failure of any Party or, if represented, his or her attorney, to attend the pre-hearing conference may constitute a waiver of all objections to any order or ruling issued as a result of the pre-hearing conference unless good cause is shown.

F.Appearances by Legal Counsel

1.Except as may be otherwise provided by law, no person may appear in a representative capacity, other than members in good standing of the Bar of the State of Rhode Island. All attorneys must conform to the standards of ethical conduct required of practitioners before the courts of Rhode Island.

2.Counsel for each Party shall file with the Board a written appearance, setting forth his or her name, office address, email address, telephone number and Rhode Island Bar number. A copy of the appearance shall be served upon every other Party or, where a Party is represented, upon said Party’s counsel of record.

3.No person who is not an attorney of the Supreme Court of the State of Rhode Island shall be permitted to act as an attorney for any Party in any proceeding, hearing or other matter pending before the Board, unless granted leave to do so in accordance with the requirements of this state, including those set forth in Article II of the Rhode Island Supreme Court Rules.

G.Filing Requirements

1.All memoranda and other documents filed with the Board shall include the file number (if one has been assigned by the Board), the title of the proceeding and the name of the Party on whose behalf the filing is made. No filings may be made by telecopier or facsimile. All papers shall be filed during Regular Business Hours. The Board’s date stamp shall be the presumptive date and time of the filing. The original of each pleading shall be signed and dated by the Party on whose behalf the pleading is made or by the Party’s authorized representative. This signature constitutes a certification that the individual has read the document, knows the contents thereof and to the best of his/her knowledge that such statements are true, that it is not interposed for delay, and that if the pleading has been signed by an authorized representative, s/he has full power and authority to do so.

2.All pleadings shall be liberally construed and errors or defect therein which do not mislead or affect the substantial rights of the Parties involved may be disregarded at the discretion of the Board.

H.Service

1.Service upon Parties and Others. A copy of all memoranda and other documents filed in any proceeding governed by these Rules shall be served upon all other Parties.

2.Manner of Service. Service under these Rules shall be made upon a Party or upon the Party’s attorney, if any appearance has been entered, by first class mail postage prepaid, certified mail or hand delivery to his or her place of business, home address or other address supplied by the Party in the pleadings. Service by mail is complete upon mailing.

3.Certificate of Service. There shall accompany and be included in the original of each pleading filed with the Board a certificate of service showing service on all Parties.

4.The Board may authorize electronic service in specific cases and with a specified protocol for service on all Parties.

I.Time

1.Computation. Computation of any time period referred to in these Rules of Appellate Procedure shall begin with the first day following the act which initiates the running of the time period (including Saturday, Sunday and legal holidays). The last day of the time period so computed is to be included unless it is a Saturday, Sunday or legal holiday or any other day on which the Board is closed, in which case the period shall run until the end of Regular Business Hours of the next following business day.

2.Extensions of Time. It shall be within the discretion of the Board, for good cause shown, to extend any time limit for any deadline imposed by these Rules of Appellate Procedure.

J.Stay Pending Appeal to Board of Elections

Upon appropriate motion, or by its own authority, the Board may order a suspension or modification of any decision, order or decree made by a Board of Canvassers, during the pendency of an appeal. If upon motion, the moving Party shall set forth the reasons for the requested stay and the facts relied upon, including any harm or prejudice that may be suffered under the order entered by the Board of Canvassers.

K.Record on Appeal

1.Except as otherwise provided, the Board shall notify the Board of Canvassers of the appeal. The Board of Canvassers shall then transmit to the Board, within five (5) days of receipt of said notice, the original papers and exhibits filed in the underlying matter, including any electronic recording of the proceeding. The Board of Canvassers shall also transmit to the Board a copy of the written order, decision, decree or other document that reflects the decision or action taken by the Board of Canvassers.

2.A Petitioner or Respondent may also submit a stenographic transcript of the Board of Canvassers proceedings. The costs associated with the preparation of stenographic transcript(s) shall be assumed by the requesting Party, unless otherwise ordered by the Board.

3.In the event that no electronic recording of the underlying hearing before the Board of Canvassers was made, or if a transcript is unavailable, the Petitioner may submit a summary of the underlying proceedings, and evidence from the best available means, including the Petitioner’s recollection. Said statement shall be served upon all Respondent(s), who may serve objections or propose amendments thereto within ten (10) days after service. Thereafter, the statement and any objection or proposed amendments thereto, shall be considered by the Board and included in the record on appeal.

4.The Parties have the option to prepare a Statement of the Case that sets forth an agreed statement of facts and proceedings below. If the Parties consent to its submission, the Statement of the Case may be considered by the Board as the record on appeal.

L.Briefing Schedule and Submissions

1.Unless an abbreviated or extended schedule is entered by the Board, the Petitioner shall file within ten (10) days of his or her appeal a memorandum that contains:

a.A complete and concise statement of the facts and prior proceedings before the Board of Canvassers;

b.The identification of those errors claimed;

c.A recitation of the questions raised and the basis for Petitioner’s contention that the order, decree or other action by the Board of Canvassers was in error; and

d.The presentation of the relief sought by Petitioner.

2.Thereafter, unless the time is either abbreviated or extended by the Board, Respondent(s) shall file his or her opposition memorandum to Petitioner’s appeal within ten (10) days after the brief of Petitioner has been filed.

3.The Board reserves the right to modify or eliminate any briefing requirement or other requirement set forth herein, on the basis of a person’s financial status or due to exigent circumstances. Otherwise, any Party that fails to comply with any of the requirements or deadlines set forth herein shall not be heard or considered by the Board.

M.Oral Arguments

1.The Board shall determine if oral argument on the appeal, or any motion, is warranted, and shall give notice of the time and place for such argument. The Board may rule on the appeal or any motion, with or without oral argument, as it deems appropriate. The Board may act on the appeal and any motion when all Parties have responded thereto, or the deadline for response has passed, whichever comes first.

2.During the hearing(s) by the Board on any appeal or any motion, the Party's legal counsel or if unrepresented, the Party, may be granted permission by the Board to present oral argument in support of the appeal or in opposition to said appeal. The Petitioner shall present oral argument first and, unless otherwise ordered by the Board, be permitted ten (10) minutes for said argument. Thereafter, each Respondent shall be allowed ten (10) minutes to rebut, unless otherwise ordered by the Board.

3.In any proceeding, if the Parties agree to waive a hearing, the Board may dispose of the matter upon the memoranda and other submittals of the Parties and may also refer the matter to its Legal Counsel for a Report and Recommendation.

N.Standard of Review

1.Where a Board of Canvassers has made a final decision based upon a complete record, including the opportunity for the parties to present evidence, cross-examine witnesses and make objections, motions and oral arguments, then the Board shall review the decision with deference and shall not disturb findings of fact that are based upon competent evidence to support the Board of Canvassers' conclusions. Further, where a Board of Canvassers ruling is based upon its assessment of credibility, the Board shall not disturb said credibility finding unless the Board determines that said finding was clearly in error.

2.Where a Board of Canvassers decision is not based upon a complete record or without an opportunity for the parties to present evidence, cross-examine witnesses, make objections, motions and oral arguments, then the Board shall either remand the matter for further evidentiary hearing or shall allow the parties to supplement the record with testimony and evidence during its own proceedings. In the event that the Board conducts its own evidentiary hearing, it shall make its factual and legal determinations de novo, without deference to the rulings made by the Board of Canvassers.

3.For matters based upon a review of a statute, regulation, ruling or other legal document, the Board shall make its own legal conclusions, without deference afforded to any legal determinations reached by a Board of Canvassers.

O.Record of Proceedings

A complete record of the proceedings shall be recorded electronically and/or by stenographic means by the Board.

P.Public Hearings

Except as required by law, all hearings are to be open to the public. Any person who is not a Party to a proceeding may, in the discretion of the Board, be permitted to make oral or submit written statements on any issues relevant to the proceeding.

Q. Reconsideration

Upon the issuance of a final order by the Board in any case, a Party may petition the Board to reconsider a final order. The Party shall file his/her motion within five (5) days of the issuance of the final order and shall set forth the grounds upon which s/he relies. The Board may grant a motion for reconsideration within its discretion and shall order such relief as it deems appropriate.

R.Final Order by Board of Elections

Unless otherwise afforded by law, any order or decision entered by the Board may be subject to discretionary review by a petition to the Rhode Island Supreme Court. Otherwise, said order or decision entered by the Board shall be final.

History

Periodic Refile — effective from 2022-01-04 to current
Adoption — effective from 2018-05-28 to 01/04/2022

410-RICR-20-00-23 Rules and Regulations for Mail Ballot Certification Process

410-RICR-20-00-23 § 23.1 Purpose

This Regulation establishes uniform guidelines for the certification and challenging of mail ballots.

History

Amendment — effective from 2022-09-07 to current
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Adoption — effective from 2018-08-29 to 01/04/2022

410-RICR-20-00-23 § 23.2 Authority

This Regulation is adopted pursuant to and in accordance with the provisions of R.I. Gen. Laws § 17-20-1, et seq.

History

Amendment — effective from 2022-09-07 to current
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Adoption — effective from 2018-08-29 to 01/04/2022

410-RICR-20-00-23 § 23.3 Definitions

A.“Board of Canvassers” means the board of canvassers in a city or town.

B.“Board of Elections” or “State Board” means the Rhode Island Board of Elections.

C.“CVRS” or “Central Voter Registration System” means the single, unified, centralized, interactive computerized statewide voter registration system maintained and administered by the Office of the Secretary of State. The CVRS shall be the official voter registration system utilized by local boards of canvassers for the conduct of all federal, state and local elections in Rhode Island and shall include the name and registration information for every registered voter in the state.

D.“Designated Election Official” means a member of the Board staff, or other person expressly authorized by the Board or its Executive Director to conduct functions that relate to the processing of mail ballot certification envelopes. All authority to qualify or disqualify a mail ballot shall be subject to Board review and determination when required. Provided further that before any mail ballot envelope is determined to be not qualified, the mail ballot envelope shall be reviewed by at least one member of the Board, who can then bring the matter to the entire Board when needed. Designated Election Officials shall be sworn in by a member of the Board, or its Executive Director, and shall promise to apply all laws and regulations pertaining to elections, including but not limited to those laws and regulations pertaining to the certification of mail ballots.

E.“Political party” means a political party that has met the recognition requirements of R.I. Gen. Laws § 17-1-2(9).

History

Amendment — effective from 2022-09-07 to current
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Adoption — effective from 2018-08-29 to 01/04/2022

410-RICR-20-00-23 § 23.4 Verification and Certification of Mail Ballots

A.Each mail ballot certification envelope shall be initially examined in a publicly noticed session and by a pair of designated election officials in accordance with the following procedure.

B.Verification of Mail Ballot Certification Envelopes

1.Notice and Public Sessions

a.The Board shall provide notice at least two (2) business days whenever possible, but not less than twenty-four (24) hours before the commencement of all sessions held for the purpose of certifying mail ballots. Said sessions may begin twenty (20) days prior to and continuing up to and including Election Day, until completed.

b.Notice shall be given to the public on the Board’s website, and the Secretary of State’s website at least twenty-four (24) hours before commencing any session. All candidates for state and federal office, as well as state chairpersons for all recognized political parties, shall be given notice by telephone, electronic mail, or otherwise and shall inform the person of the day on which a candidate’s district will be verified, certified and tabulated.

c.The certification process shall be done within a railed space in the room in which it takes place, and the Board shall admit within the railed space, to witness the processing and certification of the ballots, the interested persons, including the candidates, or at least one representative of each candidate for whom votes are at the time being processed, and an equal number of representatives of each political party. These representatives shall be authorized in writing by the voter, the candidate, or the chairperson of the state committee of the political party, respectively, as the case may be. The Board shall also, in accordance with these rules, admit representatives of the press and newscasting agencies and any other persons that it deems proper.

d.No pen, pencil or other writing instrument or liquids shall be allowed within the designated area for verifying and processing mail ballots.

2.Facially Deficient or Incomplete Mail Ballot Certification Envelopes.

a.During the public sessions, a pair of designated elections officials shall examine the voter certification envelope, or a scanned copy of the voter certification envelope (R.I. Gen. Laws § 17- 20-21) to determine that the following information is set forth therein::

(1)Name of voter

(2)Voting address

(3)Voter signature or mark of voter

b.The information required above shall be included on all certification envelopes:

(1)Where a voter is incapacitated and it would be an undue hardship to vote at the polls because of illness, or mental or physical disability, blindness, or serious impairment, the certification envelope shall be signed by the voter

(2)Where a voter is confined in a hospital, convalescent home, nursing home, rest home or similar institution, public or private, within the state of Rhode Island, the voter must submit a certification envelope signed.

(3)For voters who are temporarily absent from the state due to employment connected with military operations, or are a spouse or legal dependent residing with that person, or a voter is a United States citizen who will be outside of the United States, then the certification envelope need only be signed by the voter.

(4)For those voters who choose to vote by mail for any reason, the certification envelope shall be signed by the voter.

c.Upon completion of the examination of the certification envelope, when the pair of designated election officials determines that any information enumerated above has not been included on the certification envelope, in accordance with the statutory requirements, or is left blank, the pair of designated election officials shall segregate the envelope. The reason for the deficiency shall be identified in the voter’s record within the Central Voter Registration System (CVRS).

d.Upon request, the candidate or candidate’s representatives shall also be afforded the opportunity to examine the certification envelopes at the time those ballot envelopes are being certified.

e.Immediately thereafter, but not more than two (2) business days later, the Designated Election Official shall notify the voter of the deficiency by telephone or by text message whenever possible. When not possible, by mail, and also by providing notice electronically whenever the voter has opted-in to receive such electronic notifications from election officials, and said notice will indicate that the voter may correct the deficiency in accordance with the Cure Procedures set forth in § 23.11 of this Part.

f.In the event that the voter does not cure the omitted, defective or deficient information within the time allowed under applicable law and regulation, the ballot shall not be removed from the certification envelope and shall not be tabulated. The envelope shall be stamped “VOID” and the voter shall be provided the ability to determine the status of their ballot using an electronic portal.

g.In the event that the voter cures the facial deficiency within the time allotted, then the certification envelope shall be processed in accordance with the certification and tabulation process for valid ballots.

3.Signature and Verification Comparison Protocol

a.Upon determination that the mail ballot certification envelope includes all of the required information, a pair of designated election officials shall compare the signature of the voter on the certification envelope with the signature set forth within the CVRS to verify that both the signatures are identical, pursuant to R.I. Gen. Laws §§ 17-20-26(b) and (c)(1)(2).

b.For purposes of signature comparison, the signature of the voter shall be accepted as valid if it can be reasonably identified to be the signature of the voter. A voter’s ballot shall not be disqualified merely because the voter did not sign his or her full name as it is listed on the voter registration list, or omitted or included a middle initial or name, abbreviated a first and/or middle name, or made a similar omission or inclusion, as long as the designated election officials are able to determine that the signatures match. (R.I. Gen. Laws § 17-14-8)

c.The voter’s mark “X” shall be considered sufficient if the person is unable to sign his or her name because of a physical incapacity or otherwise, in accordance with R.I. Gen. Laws §§ 17-20-3(e) and 17-20-8(a).

d.In the event that one or both designated election officials determine that a signature is invalid or questionable, the certification envelope shall be segregated with a Deficient Mail Ballot Attestation Form sent to the affected voter(s). In the event that any candidate or designated representative of a candidate asserts a challenge to a signature or other information set forth on a voter’s certification envelope in accordance with the procedures set forth under § 23.6 of this Part below, the challenged voter’s envelope shall be segregated and reviewed by the Board. with notice provided to the affected voter(s).

e.In the event a voter is required to submit a copy of their identification with their mail ballot in accordance with Section 4(A) of Board rules on Voter Registration and the voter fails to provide a copy of their identification, the voter’s ballot shall be deemed deficient and shall be processed in accordance with § 23.12 of this Part.

f.The Board shall review all signatures that have been challenged by a candidate or candidate’s representative, in accordance with the challenge protocol in § 23.7 of this Part.

g.In the event that no challenge is asserted and the designated election officials find no discrepancy on the signature set forth on the certification envelope, the ballot shall be processed in accordance with the certification and tabulation process for valid ballots.

History

Amendment — effective from 2022-09-07 to current
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Adoption — effective from 2018-08-29 to 01/04/2022

410-RICR-20-00-23 § 23.5 STANDING AND BASES FOR CHALLENGES TO MAIL BALLOTS

A.Who May Challenge a Mail Ballot

1.The following persons may assert a challenge to a mail ballot:

a.any voter who has cast a mail ballot being reviewed, or the voter’s representative;

b.any candidate who appears on the ballot in question and whose votes are being processed, or his or her designated representative;

c.any recognized party representative or recognized party chair;

d.any registered voter of the same precinct as the person submitting a mail ballot.

B.Statutory Bases for Challenges

1.A challenge may be asserted based upon the information set forth on the certification envelope, including the compliance with each of the statutory obligations set forth under R.I. Gen. Laws Chapter 17-20:

a.the deposit of the ballot at the Board within the time allotted by law;

b.the making of a false application or certification;

c.the verification of the voter’s signature;

d.a mail ballot that was not voted by the voter who purportedly cast it or was voted by a person who was not eligible to vote by mail (R.I. Gen. Laws § 17-20-33).

2.Any mail ballot that was not cast in material conformance with the provisions of R.I. Gen. Laws Chapter 17-20, and has not been cured under the procedures set forth in § 23.10 of this Part, shall be rejected by the Board or the Designated Election Official.

History

Amendment — effective from 2022-09-07 to current
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Adoption — effective from 2018-08-29 to 01/04/2022

410-RICR-20-00-23 § 23.6 TIME WITHIN WHICH CHALLENGE MAY BE ASSERTED

All objections must be submitted in writing at the time that the oath envelope is publicly examined under the verification process set forth under § 23.3 of this Part and prior to the acceptance and separation of the oath envelope from the inner envelope containing the mail ballot. Thereafter, any and all objections shall be deemed untimely and waived.

History

Amendment — effective from 2022-09-07 to current
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Adoption — effective from 2018-08-29 to 01/04/2022

410-RICR-20-00-23 § 23.7 PROCEDURE FOR OBJECTION TO THE CERTIFICATION OF A BALLOT

A.All objections to any mail ballot application/certification envelope shall first be made verbally to the designated election officials during the review process. The designated election official shall proceed to segregate the oath envelope that is the subject of the objection. The envelope shall remain segregated in a secure location until the objection has been ruled upon by the Board.

B.Upon segregation of the ballot oath envelope, the challenger shall set forth the basis for the objection in writing, which shall be signed by the challenger upon a form promulgated by the Board. Each challenged mail ballot shall be challenged separately. Each challenge shall specify the reasons why the mail ballot does not comply with the requirements of R.I. Gen. Laws Chapter 17-20 or why the mail ballot voter is not legally entitled to vote in the election. The challenge shall be signed by the challenger. Said form shall notify the challenger that the mail ballot certification process shall not be subject to any frivolous or technical challenge. The Board shall stamp the objection with the time and date received.

C.The failure to submit a timely written objection shall constitute a waiver of any challenge to the ballot in question.

D.The Board shall convene one or more public meetings to address and rule upon all objections that have been filed in accordance with this protocol and that have not been cured by the voter.

History

Amendment — effective from 2022-09-07 to current
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Adoption — effective from 2018-08-29 to 01/04/2022

410-RICR-20-00-23 § 23.8 BOARD HEARINGS ON THE MERIT

A.The Board shall meet, at a duly noticed meeting consistent with the Open Meetings Act, R.I Gen. Laws § 42-46-1, et seq., and consider and decide all meritorious objections filed in writing and in a timely manner. The Board shall provide notice of said hearings to both the challenger and the mail ballot voter. Any voter whose ballot has been challenged may, either personally or through an authorized representative, appear before the Board at the hearing on the challenge and may present evidence as to the validity of the mail ballot. Said notice shall be communicated by mail or, where available, electronically and/or by telephone, to the challenger and voter. The Board shall determine if either oral argument or an evidentiary hearing is warranted. The Board may rule on any objection, with or without oral argument or the consideration of additional testimony or evidence, as the Board deems appropriate.

B.When considering the merits of any objection, the Board shall not construe the statutory requirements set forth under R.I. Gen. Laws Chapter 17-20 to require the disqualification of a ballot merely because the voter did not sign his or her name as it is listed on the voter registration list, omitted or included a middle initial or name, abbreviated a first and/or middle name, or made a similar omission or inclusion, as long as the Board can reasonably determine the identification of the voter. (R.I. Gen. Laws § 17-20-24.1)

C.When determining the merits of any challenge, and the availability of interested parties, the Board shall consider the circumstances of a voter who is subject to the challenge, particularly with respect to voters who have applied for a mail ballot due to illness or incapacity or is disabled for an indefinite period of time (R.I. Gen. Laws § 17-20-9(a)), is confined in a hospital, nursing home or similar institution, or is on active duty in the United States armed forces (R.I. Gen. Laws § 17-20-9.1), employed by the United States government and residing outside of the United States (R.I. Gen. Laws § 17-20-9.3).

D.Where the Board finds it appropriate and necessary for the determination of the validity of a mail ballot certification, the challenger and challenged voter shall be provided the opportunity to submit evidence, argument, and the opportunity to cross-examine witnesses.

E.The burden of proof in challenging a mail ballot certification envelope in conformance with the statutory requirements of R.I. Gen. Laws Chapter 17-20, is on the person challenging the ballot. Once the challenger establishes, by a preponderance of the evidence, that the mail ballot was not obtained and/or completed in conformance with the law, the burden of proof shall then shift to the person defending the ballot to demonstrate that it is indeed the ballot of the voter it purports to be, that the voter was eligible to vote by mail ballot, and that all of the applicable requirements have been met.

History

Amendment — effective from 2022-09-07 to current
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Adoption — effective from 2018-08-29 to 01/04/2022

410-RICR-20-00-23 § 23.9 SUMMARY DISPOSITION OF CHALLENGES

A.The Board may summarily dispose of any challenge upon a determination that:

1.the challenge was not submitted in writing;

2.the challenge has been filed without any factual basis to support the claim;

3.the claimed irregularity is insufficient, as a matter of law, to constitute a basis to reject the mail ballot; or

4.where, upon an examination of the oath envelope, it is facially evident that the envelope was not submitted in compliance with each of the requirements set forth under R.I. Gen. Laws § 17-20-1 et seq., including, but not limited to:

a.the deposit of the ballot at the Board within the time allotted by law;

b.the making of a false application or certification;

c.the verification of the voter’s signature; or

d.a mail ballot that was not voted by the voter who purportedly cast it or was voted by a person who was not eligible to vote by mail.

History

Amendment — effective from 2022-09-07 to current
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Adoption — effective from 2018-08-29 to 01/04/2022

410-RICR-20-00-23 § 23.10 RECORD OF PROCEEDINGS

A complete record of the proceedings conducted under § 23.7 of this Part shall be recorded electronically and/or by stenographic means by the Board.

History

Amendment — effective from 2022-09-07 to current
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Adoption — effective from 2018-08-29 to 01/04/2022

410-RICR-20-00-23 § 23.11 ACCEPTANCE OR DISQUALIFICATION OF BALLOT

A.Based on its own motion, the Board shall either accept as valid or disqualify any mail ballot which it determines, based upon a preponderance of the evidence, was not voted by the voter who purportedly cast it, or was voted by a voter who was not eligible to vote by mail ballot or was not obtained and voted in the manner prescribed by R.I. Gen. Laws Chapter 17-20. If the Board disqualifies the mail ballot, then the application and certification envelope and shall be marked VOID. The voter shall be notified of the Board’s determination and the basis for its ruling.

B.If the Board determines that the mail ballot is valid, then the ballot shall be processed and tabulated in the same manner as all other mail ballots. Provided, however, the Board shall not process a challenged mail ballot for at least one (1) business day in order to afford the challenger with the opportunity to seek emergency judicial review of the Board’s final determination. Thereafter, the mail ballot shall be certified and tabulated.

C.Unless otherwise afforded by law, any order or decision entered by the Board may be subject to discretionary review by a petition the Rhode Island Supreme Court. Otherwise, said order or decision entered by the Board shall be final.

History

Amendment — effective from 2022-09-07 to current
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Adoption — effective from 2018-08-29 to 01/04/2022

410-RICR-20-00-23 § 23.12 PROTOCOL TO CURE DEFICIENCIES AND OMISSIONS

A.When a mail ballot application or certification envelope has been challenged, or has been found defective or deficient by the designated election officials, the voter shall be provided notice of the challenge and/or defect by the Designated Election Official, in accordance with the requirements set forth under §23.4(B)(2)(c) and shall be afforded an opportunity to correct or complete the mail ballot application/certification envelope in accordance with the following procedures.

B.Correcting for Omitted Signature or Other Information

1.Where a ballot has been returned to the Board in an envelope that has not been signed by the voter, the Designated Election Official shall notify the voter of the deficiency by mail, and by providing notice electronically whenever the voter has opted-in to receive such electronic notifications from election officials, that the ballot cannot be accepted unless the missing or deficient information is received (not just postmarked) no later than 4:00 p.m. on the third day following the date of a primary or seven (7) days following the date of an election. Mail will be sent to the address listed in Box A on the mail ballot application. If an address is also listed in Box B, mail will be sent to the addresses listed in Box A and Box B.

2.The voter will be instructed to submit a Deficient Mail Ballot Attestation Form with all of the information required to certify the mail ballot certification envelope in accordance with R. I. Gen. Laws Chapter 17-20. The Deficient Mail Ballot Attestation Form must be received (not just postmarked) by the Board no later than 4:00 p.m. either three (3) days following a primary, or seven (7) days following an election.

3.For those voters who are confined to a hospital, nursing home or other institution, the Board shall assign two (2) designated election supervisors to obtain a signature or other missing information from the voter in person, whenever possible.

4.If the voter fails to provide the missing information required by law and these rules and regulation, within the deadline set forth in this section, the ballot shall be rejected and the certification envelope shall be marked “VOID.” The voter shall have the ability via an electronic portal to determine the status of the ballot and the reasons why the ballot was not accepted.

C.Mail Ballot Certification Signature Discrepancy

1.Whenever a person submits a challenge to the validity of a voter’s signature, or where one or both designated election officials have been unable to verify that the signature set forth on the certification envelope is that of the voter, the Board shall immediately attempt to notify the voter by mail, and electronically if the voter has subscribed to receive such correspondence from election officials, that the ballot has been challenged, or not accepted by the Board, due to a signature discrepancy. The voter shall be notified that he or she must submit a Deficient Mail Ballot Attestation Form, with his or her signature and attestation that the mail ballot was submitted and signed by the voter. The Deficient Mail Ballot Attestation Form must be received (not just postmarked) by the Board no later than 4:00 p.m. either three (3) days following a primary, or seven (7) days following an election.

History

Amendment — effective from 2022-09-07 to current
Periodic Refile — effective from 2022-01-04 to 09/07/2022
Adoption — effective from 2018-08-29 to 01/04/2022