410-RICR-20-00-4
410-RICR-20-00-4. Ballot Applications, Certification by Voter and Certified Voting Lists at the Polling Place (version Technical Revision, 03/03/2008 to 08/29/2018)
4.1
A. The
Rhode Island Board of Elections hereby establishes within rules and
regulations relating to ballot applications and certified voting
lists and their usage at the polling place, pursuant to and in
accordance with R.I. Gen. Laws § 17-19-24
et seq ., as amended
B. Said
rules and regulations are proposed pursuant to the Administrative
Procedures Act (R.I. Gen. Laws Chapter 42-35
et seq .) and are available for public inspection at the
offices of the Rhode Island Board of Elections, 50 Branch Avenue,
Providence, Rhode Island
4.2 Purpose
The
within rules and regulations are hereby proposed for the purpose of
establishing a procedure for the design of ballot applications and
certified voting lists and their usage at the polling place in
conjunction with the procedures set forth in R.I. Gen. Laws §
17-19-24 .
4.3 Definitions
"Ballot
application" means an application issued to a voter at the
polling place on which a voter must certify their name and home
address as their own, and before they are issued an official ballot.
"Board
of Canvassers" or "Local Board" means the board of
canvassers in a city or town.
"Board
of Elections" or "State Board" means the Rhode Island
Board of Elections.
"CVRS"
means "Central Voter Registration System", which is a
database maintained by the Office of the Secretary of State as a
statewide voter registration and election history computer system.
"Certified
voting list" means the official list of voters.
"Election"
means any election, primary, or referendum.
4.4 Certified Precinct Voting List
4.4.1 List Setup and Labels
A. The
Board of Canvassers shall certify the list of qualified voters for
each precinct in accordance with R.I. Gen. Laws § 17-19-24 .
Each certified list of qualified voters shall be generated by the
Central Voter Registration System ("CVRS").
B. The
certified list shall consist of each voters name in alphabetical
order listing the last name, first name and middle initial, address,
date of birth, voter identification number with a corresponding bar
code and in partisan primaries ONLY, the party affiliation. The list
shall identify voters required to present identification, voters who
have applied for or a mail ballot or voters listed as an inactive
voter. The local board shall manually identify on the list the names
any voter who has voted or applied for an emergency mail ballot.
C. The
certified list shall also contain a corresponding removable label
with duplicate information for each voter that shall be removed and
attached to the ballot application. Each individual label shall have
dimensions measuring 1 x 3.25".
4.4.2 Format of the
Certified Precinct Voting List
A. Any
certified voting list used in a polling place shall conform to the
following format:
1. Alphabetical
listing
The
certified precinct voting list shall list voters in alphabetical
order by last name, with a page break between each letter of the
alphabet so that no two voters with last names beginning with
different letters shall be listed on the same page.
2. Volumes
The
certified precinct voting list may be divided into separate volumes
of the alphabet by the local board.
3. Binding
Any
certified voting list volume used in a polling place shall be bound
along the left margin and contained within a binder or any other such
device to protect the integrity of the list. Each binder shall
display a cover prominently indicating the precinct number,
city/town, portion of the alphabet contained within the volume, and
any other information required by law.
4.5 Other Lists
A. Certified
Master Voting List
The
local board shall deliver to each polling place a master list of all
registered voters within the city/town eligible to vote in the
election. The certified master voting list shall be bound by the
local board to ensure that the integrity of the list is maintained.
The list shall display a cover prominently indicating the term
"Master Voting List," the city/town and any other
information required by law.
B. Street
Directory
The
local board shall deliver to each polling place a bound list
containing every street address range within the city/town and
corresponding assigned precinct for each address range, that shall be
used by the Clerk in administering the requirements of Fail-safe
voting contained in R.I. Gen. Laws § 17-9.1-16.
4.6 Procedure for Voting
A. Procedure
1. The
voter shall state his/her name and address to the bipartisan pair of
Supervisors. The bipartisan pair of Supervisors shall locate the
voter's name on the certified voting list for the precinct and repeat
the voter's name and address in a loud, clear and distinct voice.
Upon finding the voter's name on the certified voting list for the
precinct, the Supervisor shall affix the voter's label from the
certified voting list onto a pre numbered ballot application
issued in numerical order and the voter shall sign on the line
adjacent to the label on the ballot application. IN PARTY PRIMARIES
ONLY, after noting the voter's party affiliation, the bipartisan pair
of Supervisors must affix the voter's label on the appropriate party
ballot application.
2. After
witnessing the voter's signature or mark, the bipartisan pair of
Supervisors shall initial the ballot application.
3. A
Supervisor shall place the ballot application on the spindle provided
and the bipartisan pair of Supervisors shall then issue a ballot to
the voter. IN PARTY PRIMARIES ONLY, the bipartisan pair of
Supervisors must issue the voter a ballot corresponding to the party
ballot application they completed.
4. If
the bipartisan pair cannot locate the voter's name on the certified
voting list for the precinct, the bipartisan pair of Supervisors
shall direct the voter to the Clerk who shall review the master
certified voting list and determine if the voter is registered to
vote in the city or town and in which voting precinct they are
eligible to vote. The Clerk shall provide voter affirmation forms or
provisional ballots to voters as necessary.
B. Discrepancies
Any
discrepancies by polling place election officials involving the
certified voting list and ballot applications shall be noted in
detail on the Board of Elections discrepancy report. The following
discrepancies shall be processed as follows:
1. If
the incorrect label from the certified voting list is inadvertently
affixed to a ballot application, it shall be voided and set aside. If
the voter whose label has been voided presents himself/herself, the
bipartisan pair of Supervisors shall confirm the voter's label has
been voided and that voter shall manually complete a ballot
application by printing his/her name and address and signing his/her
name.
2. If
a voter's identifying label is affixed to a ballot application and
the voter has signed the ballot application but does not complete the
voting process by casting his or her ballot into the optical scan
unit and instead surrenders his or her ballot to the
Warden/Moderator, the ballot application shall be voided and set
aside. If the voter returns, the bipartisan pair of Supervisors shall
confirm the voter's label has been voided and that voter shall
manually complete a ballot application by printing his/her name
and address and signing his/her name.
3. If
a voter's name is not listed on the certified precinct voting list,
but is listed on the certified master voting list for the city/town
and the master voting list indicates the voter is assigned to that
precinct, the voter shall be allowed to manually complete a ballot
application by printing his/her name and address and signing his/her
name.
4.7 Delivery of lists
The
local board shall deliver all certified voting lists to the polling
place on Election Day before the polls open. The local board shall
ensure the security of the voting list at all times.
4.8 Voter History
Except
as otherwise directed by the state board, the local board shall
update in the CVRS the voter history records of all voters who
completed a ballot application and cast a ballot in the election
within 21 days of the election.
4.9 Implementation
A. The
Board of Elections may promulgate procedures and forms necessary to
implement the within rules and regulations required under the Rhode
Island General Laws.
B. These
rules and regulations are adopted this 7th day of February 2008
pursuant to the Administrative Procedures Act (R.I. Gen. Laws
42-35-1 ,
et seq .). By Order of the Rhode Island Board of Elections
C. Adopted at a meeting of the
State Board of Elections held on this 7th day of February 2008.