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-20-00-23.8 - BOARD HEARINGS ON THE MERIT

Current through June 14, 2024
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.L 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.