Rhode Island Regulations § 410-RICR-20-00-16.7 Voter Intent for Rejected Mail Ballots

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.