Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0815 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO ELECTIONS -- MAIL BALLOTS
1616 Introduced By: Senators Patalano, Thompson, Vargas, Tikoian, Britto, Dimitri, and
1717 LaMountain
1818 Date Introduced: March 14, 2025
1919 Referred To: Senate Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 17-20-26 of the General Laws in Chapter 17-20 entitled "Mail 1
2424 Ballots" is hereby amended to read as follows: 2
2525 17-20-26. Opening and counting of ballots. 3
2626 (a)(1) Beginning prior to and continuing on election day the state board, upon receipt of 4
2727 mail ballots, shall keep the ballots in a safe and secure place that shall be separate and apart from 5
2828 the general public area and sufficiently monitored through security measures including security 6
2929 cameras. The board shall, beginning twenty (20) days prior to and continuing on election day, 7
3030 proceed to certify the mail ballots. 8
3131 (2) Notice of these sessions shall be given to the public on the state board of elections’ 9
3232 website and the secretary of state’s website posted at least twenty-four (24) hours before the 10
3333 commencing of any session. All candidates for state and federal office, as well as all state party 11
3434 chairpersons, shall be given notice by telephone, email or otherwise of the day on which ballots 12
3535 will be certified; provided, that failure to effect the notice shall in no way invalidate the ballots. 13
3636 (b) This processing shall be done within a railed space in the room in which it takes place, 14
3737 and the board shall admit within the railed space, in accordance with those rules that the board shall 15
3838 adopt, to witness the processing and certification of the ballots, the interested voter or the voter’s 16
3939 representative, the candidates, or at least one representative of each candidate for whom votes are 17
4040 at the time being processed, and an equal number of representatives of each political party. These 18
4141 representatives shall be authorized in writing by the voter, the candidate, or the chairperson of the 19
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4545 state committee of the political party, respectively, as the case may be. The board shall also, in 1
4646 accordance with these rules, admit representatives of the press and newscasting agencies and any 2
4747 other persons that it deems proper. 3
4848 (c) At these sessions, and before certifying any ballot, the state board shall: 4
4949 (1) Determine the city or town in which the voter cast his or her ballot; and 5
5050 (2) Compare the name, residence, and signature of the voter with the name, residence, and 6
5151 signature on the central voter registration system for mail ballots and satisfy itself that both 7
5252 signatures are identical. The board shall designate two (2) persons, to review and compare each 8
5353 voter’s signature with the voter’s signature found in the central voter registration system. If both 9
5454 designees agree that the signatures match, the mail ballot shall proceed to be processed, certified, 10
5555 and tabulated. In the event that one or both designees find a discrepancy with the voter’s signature, 11
5656 the certification envelope shall then be reviewed by a pair of supervising board staff members. If 12
5757 the pair of supervising board staff members find that the signatures match, then the mail ballot shall 13
5858 proceed to be processed, certified, and tabulated. In the event that one or both supervising board 14
5959 staff members find a discrepancy in the voter’s signature, the supervising board staff shall compare 15
6060 the signature on the certification envelope to the voter’s ballot application. If the pair of supervising 16
6161 board staff members find that those signatures match, then the mail ballot shall proceed to be 17
6262 processed, certified, and tabulated. In the event that one or both supervising board staff members 18
6363 find a discrepancy in the voter’s signature, the supervising board staff shall compare the signature 19
6464 on the certification envelope to the voter’s ballot application. If the pair of supervising board staff 20
6565 members find that the signatures match, then the mail ballot shall proceed to be processed, certified, 21
6666 and tabulated. In the event that one or both supervising board staff members find a discrepancy in 22
6767 the voter’s signature, the certification envelope shall be segregated, and the board will notify the 23
6868 voter of the discrepancy, in accordance with regulations and procedures promulgated by the board. 24
6969 Any segregated certification envelope that has not been cured or fully addressed by the voter, in 25
7070 accordance with the board’s promulgated regulations and procedures, shall be reviewed by the 26
7171 board to make a final determination on the signature set forth on the certification envelope. 27
7272 (d) [Deleted by P.L. 2015, ch. 259, § 1.] 28
7373 (e) The board shall promulgate regulations that allow for challenges to the certification 29
7474 process by the interested voter, the voter’s representative, the candidates, and representatives of the 30
7575 recognized political parties. Such challenges shall be made to the executive director of the board, 31
7676 or the executive director’s designee. The decision of the executive director or designee shall be 32
7777 subject to review by the board. 33
7878 (f) After processing and certification of the mail ballots, they shall be separated in packages 34
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8282 in accordance with their respective cities and towns, in the presence of all interested parties. 1
8383 Thereupon, in each instance the board staff shall open the enclosing envelope, and without looking 2
8484 at the votes cast on the enclosed ballot, shall remove the ballot from the envelope. The board staff 3
8585 shall proceed to tabulate the ballots through the use of a central count optical-scan unit with the 4
8686 same effect as if the ballots had been cast by the electors in open town or district meetings. 5
8787 (g) When a local election is held at a time other than in conjunction with a statewide 6
8888 election, the state board, after the processing and certification of the mail ballots cast in the local 7
8989 election, shall package the local ballots to be promptly delivered in sealed packages, bearing upon 8
9090 the seals the signatures of the members of the board, to the appropriate local board which shall 9
9191 thereupon proceed to count the ballots in the same manner and with the same effect as state mail 10
9292 ballots are counted by the state board have the authority to count the ballots in the same manner 11
9393 and with the same effect as state mail ballots are counted by the state board in a statewide election. 12
9494 Once the ballots are counted, the results shall be transmitted to the local board. 13
9595 (h) When a local election is held in New Shoreham at a time other than in conjunction with 14
9696 a statewide election, the state board, after the processing and certification of the mail ballots cast 15
9797 in the local election, shall have the authority to count the ballots in the same manner and with the 16
9898 same effect as state mail ballots are counted by the state board in a statewide election. Once the 17
9999 ballots are counted, the results shall be sent via facsimile to the local board in New Shoreham. 18
100100 SECTION 2. This act shall take effect upon passage. 19
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107107 EXPLANATION
108108 BY THE LEGISLATIVE COUNCIL
109109 OF
110110 A N A C T
111111 RELATING TO ELECTIONS -- MAIL BALLOTS
112112 ***
113113 This act would allow the board of elections to tabulate mail ballots in local special elections 1
114114 in the same manner as it tabulates mail ballots in statewide elections. 2
115115 This act would take effect upon passage. 3
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