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

Current through June 14, 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.