Rhode Island Code of Regulations
Title 410 - Board of Elections
Chapter 20 - Elections
Subchapter 00 - N/A
Part 13 - Provisional Voting (410-RICR-20-00-13)
Section 410-RICR-20-00-13.7 - Processing and Certifying Provisional Ballots

Universal Citation: 410 RI Code of Rules 20 00 13.7

Current through September 18, 2024

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 - P rovisional 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 - P rovisional 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 - P rovisional 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 - P rovisional 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 - P rovisional Ballot Application, unless the individual requested a mail/emergency ballot.

2. If the name, date of birth and city/town in Section 2 - P rovisional 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 - P rovisional 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 - P rovisional 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 - P rovisional 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 - P rovisional 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.

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