Rhode Island Code of Regulations
Title 410 - Board of Elections
Chapter 20 - Elections
Subchapter 00 - N/A
Part 16 - Tabulation of Mail Ballots
Section 410-RICR-20-00-16.5 - Duplicating Ballots

Universal Citation: 410 RI Code of Rules 20 00 16.5

Current through September 18, 2024

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.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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