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-20-00-16.7 - Voter Intent for Rejected Mail Ballots

Current through June 14, 2024
A.
				  Whenever a mail ballot is rejected by the digital scanner or other electronic
				  computer reader, the Board or the Designated Election Official(s) shall,
				  whenever possible, determine voter intent with respect to any and all mail
				  ballots rejected by the reader.
B.
				  No mail ballot shall be rejected for any immaterial addition, omission, or
				  irregularity in the preparation or execution of the computer ballot, nor for
				  failure of the voter to affix sufficient postage. No mail ballot shall be
				  invalid by reason of mistake or omission in writing in the name of any
				  candidate or ballot question where the candidate or ballot question intended by
				  the voter is plainly identifiable. Where, because of any defect in marking, a
				  mail ballot is held invalid as to any particular candidate for office or ballot
				  question, it shall remain valid as to the candidates for other offices or other
				  ballot question. No mail ballot shall be invalid by reason of the voter writing
				  upon the inner envelope the name of a community within a town in place of the
				  name of the town. No defect in the marking of the appropriate space associated
				  with casting a vote shall invalidate any mail ballot or a vote for any
				  candidate or ballot question, where the intention of the voter is clearly
				  indicated.
C. No mail ballot shall
				  be rejected if the intention of the voter is clear unless it contains clear
				  evidence of the identity of the voter.
D. A mail ballot shall not be rejected solely
				  due to the voter's failure to comply with the instructions for marking a ballot
				  when the marking technique used by the voter clearly and consistently indicates
				  his or her choices on the mail ballot.
E. Inconsistent or extraneous markings on the
				  mail ballot will not disqualify a ballot so long as the voter's intent is
				  evident from the voter's markings.
F. Intent shall be ascertained only from the
				  face of the mail ballot.
G. If a
				  voter places a mark beside the names of more candidates for an office than are
				  to be elected or nominated, the mail ballot is defective with respect only to
				  that office. No vote shall be counted for any candidate for that office, but
				  the rest of the mail ballot shall be counted if possible.
H. If a voter votes both for and against a
				  question, no vote may be counted for that question, but the rest of the mail
				  ballot must be counted, if possible.
I. If a voter has written the name of an
				  individual in the proper place on a general or special election ballot a vote
				  shall be counted for that individual whether or not the voter makes a proper
				  mark opposite the blank where the name has been written.
J. When the names of more candidates for an
				  office than are to be elected or nominated, and an attempt has been made to
				  erase or obliterate one or more of the marks, a vote or votes shall be counted
				  for the remaining marked candidate or candidates. If a voter votes both for and
				  against a question, and an attempt has been made to erase or obliterate one of
				  the marks, a vote shall be counted for the remaining marked option. If an
				  attempt has been made to obliterate a write-in name a vote shall be counted for
				  the remaining write-in name or marked candidate.
K. The Board staff shall publish a printed
				  Guide containing instructions for Designated Election Officials on the
				  determination of voter intent in accordance with these regulations. The Guide
				  shall be updated periodically and made available to candidates and the
				  public.