Section 410-RICR-20-00-23.11 - ACCEPTANCE OR DISQUALIFICATION OF BALLOTA. Based on its own motion, the Board shall either accept as valid or disqualify any mail ballot which it determines, based upon a preponderance of the evidence, was not voted by the voter who purportedly cast it, or was voted by a voter who was not eligible to vote by mail ballot or was not obtained and voted in the manner prescribed by R.I. Gen. Laws Chapter 17-20. If the Board disqualifies the mail ballot, then the application and certification envelope and shall be marked VOID. The voter shall be notified of the Board's determination and the basis for its ruling.B. f the Board determines that the mail ballot is valid, then the ballot shall be processed and tabulated in the same manner as all other mail ballots. Provided, however, the Board shall not process a challenged mail ballot for at least one (1) business day in order to afford the challenger with the opportunity to seek emergency judicial review of the Board's final determination. Thereafter, the mail ballot shall be certified and tabulated.C. Unless otherwise afforded by law, any order or decision entered by the Board may be subject to discretionary review by a petition the Rhode Island Supreme Court. Otherwise, said order or decision entered by the Board shall be final.410 R.I. Code R. § 410-RICR-20-00-23.11
Amended effective 9/7/2022