Rhode Island Code of Regulations
Title 410 - Board of Elections
Chapter 20 - Elections
Subchapter 00 - N/A
Part 23 - Rules and Regulations for Mail Ballot Certification Process
Section 410-RICR-20-00-23.4 - Verification and Certification of Mail Ballots

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 (2o) 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.

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.L Gen. Laws § 17 - 20-21) to determine that the following information is set forth therein:

b. The information required above shall be included on all certification envelopes:

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. n 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.

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.