Ballot Applications, Certification by Voter and Certified Voting Lists at the Polling Place (410-RICR-20-00-4)

The within rules and regulations are hereby proposed for the purpose of establishing a procedure for the design of ballot applications, certification by voter 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.

A.The Rhode Island Board of Elections hereby establishes within rules and regulations relating to ballot applications, certification by voter 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.

"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. The ballot application is to be used only at the express direction of the Board of Elections or its Executive Director in the event that the Epoll books are unavailable due to exigent circumstances, including any technical difficulty, power outage or security breach.

"Board of Canvassers" or "Local Board" means the board of canvassers in a city or town.

“Certification by voter” means an attestation by the voter as to his or her name, home address and party affiliation, if any.

"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 for each precinct as completed by the various canvassing boards.

"Election" means any election, primary, or referendum.

“Epoll book” means the electronic version of the certified voting list, street directory and ballot application.

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 voter’s name in alphabetical order listing the last name, first name and middle initial, address, date of birth, voter identification number and, when using a paper version, a corresponding bar code. The paper version of the certified list shall also include the party affiliation in partisan primaries ONLY. 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 or electronically identify on the list the names of any voter who has voted or applied for an emergency mail ballot.

C.The paper version of 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.Epoll book

The certified precinct voting list shall be accessed through the Epoll book which shall be provided to each polling place. Each polling place must use the Epoll book for accessing the certified precinct voting list unless expressly directed by the Board or its Executive Director to use the paper, bound version of the certified voting list. The use of the paper version of the certified voting list shall be restricted to instances when the Epoll book is unavailable due to exigent circumstance, as set forth under § 4.3 and determined by the Board or its Executive Director.

2.The paper version of the certified voting list shall be provided to each polling place and it 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.

3.Volumes

The paper version of the certified precinct voting list may be divided into separate volumes of the alphabet by the local board.

4.Binding

Any paper version of the 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.

A.Certified Master Voting List

1.Each polling place shall receive an Epoll book, which shall include a master list of all registered voters within the city/town eligible to vote in the election.

2.The paper version of the master list must include all registered voters within the city/town eligible to vote in the election. The paper version should follow all binding procedures laid out. The 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

1.The Epoll book shall contain 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.

2.The local board shall also deliver to each polling place a bound certified master list to be used only under the direction of the Board of Elections or its Executive Director when Epoll books are unavailable due to exigent circumstances.

A.Procedure

1.The voter shall present a valid photo identification. In the event that a voter does not present a valid photo identification, the voter shall be provided a provisional ballot in accordance with the Provisional Voting regulation, 410-RICR-20-00-13. Once identity has been confirmed, the Epoll book shall electronically search and locate the voter on the certified voter list. The voter shall then state his/her name and address to the bipartisan pair of Supervisors. Once the voters name is clearly repeated back to them, the bipartisan pair of Supervisors shall confirm that the voter’s information matches the information set forth in the Epoll book and shall repeat the voter's name and address in a loud, clear and distinct voice. The voter shall sign the Epoll book with his or her name as it appears in the Epoll book. In party primaries only, after repeating the voter’s name and address, the bipartisan pair shall confirm the party affiliation listed on the certified voting list. Unaffiliated voters signing the Epoll book must choose on the signature screen the party ballot they wish to cast. In the event that the voter is unable to sign his or her name on the Epoll book, he or she shall be provided an alternative paper-based form of voter attestation.

2.After witnessing the voter's signature or mark, the bipartisan pair of Supervisors shall initial the Epoll book and shall press “accept” on the Epoll book.

3.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 the voter is affiliated with. Unaffiliated voters will be given the ballot of the party they designated on the Epoll book.

4.If the bipartisan pair cannot locate the voter's name on the certified voting list for the precinct set forth in the Epoll book, or if in a primary only the voter states the party affiliation listed is incorrect, 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.

5.If the Board or its Executive Director determines that exigent circumstances exist, the Supervisors, under the direction of the Board of Elections, will utilize the paper version of the certified voting list for the precinct. 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 prenumbered ballot application issued in numerical order and the voter shall sign on the line adjacent next 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 to the appropriate party ballot application.

B.Discrepancies

Any discrepancies by polling place election officials involving the Epoll book, the certified voting list and/or ballot applications shall be noted in detail on the Board of Elections discrepancy report. The following discrepancies shall be processed as follows:

1.If a voter signs the Epoll book then decides not to complete the voting process by casting his or her ballot into the digital scan unit and instead surrenders his or her ballot to the Warden/Moderator, the voter will complete a Surrender of Ballot form. This form will be delivered to the Board in the Board return bag and the voter’s check-in will be deleted by the Board. If after surrendering the initial ballot and completing the Surrender of Ballot form the voter returns to the polling location, the voter will be allowed to vote a provisional ballot.

2.When utilizing ballot applications and a voter signs his or her ballot application but does not complete the voting process by casting his or her ballot into the digital scan unit and instead surrenders his or her ballot to the Warden/Moderator, the ballot application shall be voided. If the voter returns, the bipartisan pair of Supervisors shall confirm the voter’s initial application has been voided and that voter shall repeat the ballot application process.

3.When utilizing ballot applications, 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.

A.The Epoll books containing the certified voting lists shall be delivered by the local board to the polling place on or before Election Day and before the polls open. The local board shall ensure the security of the Epoll books at all times.

B.The paper version of the certified voting list shall be delivered by the local board to the polling place on or before Election Day and before the polls open.

A.The Secretary of State shall upload from the Epoll books to the CVRS the voter history records of all voters who completed a voter attestation and cast a ballot in the election within 21 days of the election.

B.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.

In the event that the Epoll books become unavailable due to exigent circumstances, or otherwise fail to function properly, the local board of canvassers or polling official shall prepare a log of the event which shall then be reported to the Board.

The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws.