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Rhode Island Regulations § 410-RICR-20-00-23.12 PROTOCOL TO CURE DEFICIENCIES AND OMISSIONS

⤴ Up to Part 23: Rules and Regulations for Mail Ballot Certification Process

Regulation Text

A. When a mail ballot application or certification envelope has been challenged, or has been found defective or deficient by the designated election officials, the voter shall be provided notice of the challenge and/or defect by the Designated Election Official, in accordance with the requirements set forth under § 23.4 (B)(2)(c) and shall be afforded an opportunity to correct or complete the mail ballot application/certification envelope in accordance with the following procedures.
B. Correcting for Omitted Signature or Other Information
1. Where a ballot has been returned to the Board in an envelope that has not been signed by the voter, the Designated Election Official shall notify the voter of the deficiency by mail, and by providing notice electronically whenever the voter has opted-in to receive such electronic notifications from election officials, that the ballot cannot be accepted unless the missing or deficient information is received (not just postmarked) no later than 4:00 p.m. on the third day following the date of a primary or seven (7) days following the date of an election. Mail will be sent to the address listed in Box A on the mail ballot application. If an address is also listed in Box B, mail will be sent to the addresses listed in Box A and Box B.
2. The voter will be instructed to submit a Deficient Mail Ballot Attestation Form with all of the information required to certify the mail ballot certification envelope in accordance with R. I. Gen. Laws Chapter 17-20. The Deficient Mail Ballot Attestation Form must be received (not just postmarked) by the Board no later than 4:00 p.m. either three (3) days following a primary, or seven (7) days following an election.
3. For those voters who are confined to a hospital, nursing home or other institution, the Board shall assign two (2) designated election supervisors to obtain a signature or other missing information from the voter in person, whenever possible.
4. If the voter fails to provide the missing information required by law and these rules and regulation, within the deadline set forth in this section, the ballot shall be rejected and the certification envelope shall be marked "VOID." The voter shall have the ability via an electronic portal to determine the status of the ballot and the reasons why the ballot was not accepted.
C. Mail Ballot Certification Signature Discrepancy
1. Whenever a person submits a challenge to the validity o f a voter's signature, or where one or both designated election officials have been unable to verify that the signature set forth on the certification envelope is that of the voter, the Board shall immediately attempt to notify the voter by mail, and electronically if the voter has subscribed to receive such correspondence from election officials, that the ballot has been challenged, or not accepted by the Board, due to a signature discrepancy. The voter shall be notified that he or she must submit a Deficient Mail Ballot Attestation Form, with his or her signature and attestation that the mail ballot was submitted and signed by the voter. The Deficient Mail Ballot Attestation Form must be received (not just postmarked) by the Board no later than 4:00 p.m. either three (3) days following a primary, or seven (7) days following an election.

History

Amended effective 9/7/2022

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