Bill Sponsors
McKenney, LaMountain, Tikoian, Appollonio, and Murray
Committee
Senate Judiciary
Summary
Select
This legislation amends current election laws regarding "irregular ballots," commonly known as write-in votes. It mandates that the state board of elections publish scanned digital images of all write-in ballots on its website. It establishes specific procedures for when local boards must adjudicate and count individual write-in votes, specifically when the total might affect the election outcome or falls within recount margins. Furthermore, it grants write-in candidates who have filed campaign finance reports the right to have their votes adjudicated and recorded, regardless of the total number cast.
Sponsor
Analysis
Pros for Progressives
- Increases election transparency by mandating that digital images of write-in ballots be published online, allowing the public to verify how votes are being recorded.
- Empowers grassroots and third-party candidates by guaranteeing that write-in candidates who follow campaign finance rules are entitled to a formal adjudication of their votes.
- Ensures that voter intent is respected by requiring local boards to adjudicate individual write-in votes when the count could theoretically impact the outcome of a race.
Cons for Progressives
- Publishing images of handwritten ballots online could potentially compromise voter privacy if the handwriting is identifiable or if a voter inadvertently writes personal information.
- Allocating resources to adjudicate votes for candidates who have no mathematical chance of winning could be viewed as a diversion of administrative time and taxpayer money.
- The requirement to publish images of "all" write-in votes might inadvertently amplify hate speech or offensive messages written on ballots by hosting them on a government website.
Pros for Conservatives
- Strengthens election integrity by creating a digital paper trail and public record of irregular ballots, allowing for independent verification of results.
- Promotes the rule of law by limiting the guaranteed adjudication of votes to candidates who have complied with state campaign finance filing requirements.
- Increases government accountability by removing the ability of election boards to group small numbers of write-in votes into a generic composite total without public transparency.
Cons for Conservatives
- Increases the size and cost of the administrative state by placing new technological and labor burdens on local and state election boards.
- Potentially infringes on the privacy of citizens by posting images of their handwriting on a government-run website.
- May slow down the final certification of election results due to the mandatory adjudication processes for qualifying write-in candidates.
Constitutional Concerns
The bill mandates the publication of ballot images containing handwriting. While write-in votes are generally public record, posting images online could raise minor privacy concerns regarding the constitutional right to a secret ballot if the handwriting is identifiable or if the voter includes identifying information. However, as the bill focuses on the public aspect of the vote itself, the constitutional risk is likely low.
Impact Overview
Groups Affected
- Voters
- Write-in candidates
- Board of Canvassers
- State Board of Elections
- Campaign staff
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Section 17-19-31 of the General Laws in Chapter 17-19 entitled "Conduct of Election and Voting Equipment, and Supplies" is hereby amended to read as follows:
17-19-31. Irregular ballots.
Ballots voted for any person whose name does not appear on the ballot as a nominated candidate for office are referred to in this section as “irregular ballots.” In voting for presidential electors, a voter may vote an irregular ticket made up of the names of persons in nomination by different parties; or partly of names of persons in nomination and partly of names of persons not in nomination; or wholly of names of persons not in nomination by any party. Scanned images of the computer ballot containing the irregular ballot shall be stored digitally on physical electronic media in the optical-scan precinct-count unit and published on the state board website. With that exception, no irregular ballot shall be voted for any person for any office whose name appears on the ballot as a nominated candidate for that office; any irregular ballot so voted shall not be counted. An irregular ballot must be cast in its appropriate place on the ballot, or it shall be void and not counted and no irregular ballots shall be counted at primaries; provided, that at any presidential primary, irregular ballots shall be counted for those persons whose names have been written in for the office of president. At the close of the polls, irregular ballots shall be packaged according to § 17-19-33 and shall be immediately delivered to the local board of canvassers. The local board shall receive the tape from the optical precinct-count unit containing printed images of each written name on the irregular ballots, or the physical electronic media containing images of the irregular ballotsand record containing all write-in votes cast for all federal, state, and local races listed on the tape. If the total number of write-in votes cast, may affect the election outcome for a particular office, including whenever the total number of write-in ballots cast falls within the margins of a valid recount request for that office, the local board shall adjudicate each individual write-in vote cast for that office and report the total qualified write-in votes cast to the state board. The state board shall notify the applicable local board(s) when the total write-in votes cast in any contest, may affect the election outcome for any particular office. The local board shall notify the state board of the results through a procedure promulgated by the state board. A write-in candidate, who has filed required campaign finance reports with the state board, or who has neither accepted contributions, nor made aggregate expenditures in excess of the amounts for which a filing exemption would be available to other candidates under § 17-25-11(e), is entitled to an adjudication of the write-in votes cast in their contest, regardless of the total write-in votes cast in that contest, through a procedure promulgated by rules and regulations of the state board. The rules shall be promulgated in accordance with the rulemaking provisions of chapter 35 of title 42 ("administrative procedures"), notwithstanding the provisions of § 42-35-18(b)(7), except where urgently necessary to address a time sensitive issue.
SECTION 2. Section 17-22-7 of the General Laws in Chapter 17-22 entitled "Tabulation and Certification of Returns by State Board" is hereby amended to read as follows:
17-22-7. Books of record of votes — Contents.
(a) The board shall keep separate books of record of the votes cast for the different classes of officers which it is its duty to count, canvass, and tabulate, as follows:
(1) A book of record of votes cast for electors of president and vice-president;
(2) A book of record of votes cast for senators and representatives in congress;
(3) A book of record of votes cast for general officers; and
(4) A book of record of the votes cast for each class of officers that may by law subsequently be required to be counted, canvassed, and tabulated by the board.
(b) Each of the respective books shall contain:
(1) A record of the number of votes cast in each voting district for each candidate according to the counting, canvassing, and tabulating of the board;
(2) The number cast in each voting district for each candidate according to the certificates of the moderators or wardens and clerks;
(3) The total number cast for each candidate in each town and city according to the counting and to the certificates; LC004026 - Page 2 of 4
(4) The total number cast for each candidate in the state or congressional district, as the case may be, according to the counting and the certificates;
(5) A statement of which candidates are elected; and
(6) Any other pertinent facts that the board deems proper.
(c) The board shall also keep a book of record of the votes cast for and against any proposition of amendment of the Constitution and a book of record of the votes cast for and against all questions submitted to the electors of the state, with like detail as provided in this section in relation to votes cast for officers.
(d) Notwithstanding the above, the state board shallreport publish on its website images of all write-in votes cast for each particular office, regardless of candidate eligibility and regardless of whether it may affect the outcome, and shall report all write-in votes adjudicated by the local board in accordance with § 17-19-31, received by persons, not otherwise qualifying to appear on the ballot and receiving less than five (5) votes in a race, as a composite total of all write-in votes cast for said office and shall also publish the overall total number of write-in votes cast for and with each particular office.
SECTION 3. This act shall take effect upon passage.
17-19-31. Irregular ballots.
Ballots voted for any person whose name does not appear on the ballot as a nominated candidate for office are referred to in this section as “irregular ballots.” In voting for presidential electors, a voter may vote an irregular ticket made up of the names of persons in nomination by different parties; or partly of names of persons in nomination and partly of names of persons not in nomination; or wholly of names of persons not in nomination by any party. Scanned images of the computer ballot containing the irregular ballot shall be stored digitally on physical electronic media in the optical-scan precinct-count unit and published on the state board website. With that exception, no irregular ballot shall be voted for any person for any office whose name appears on the ballot as a nominated candidate for that office; any irregular ballot so voted shall not be counted. An irregular ballot must be cast in its appropriate place on the ballot, or it shall be void and not counted and no irregular ballots shall be counted at primaries; provided, that at any presidential primary, irregular ballots shall be counted for those persons whose names have been written in for the office of president. At the close of the polls, irregular ballots shall be packaged according to § 17-19-33 and shall be immediately delivered to the local board of canvassers. The local board shall receive the tape from the optical precinct-count unit containing printed images of each written name on the irregular ballots, or the physical electronic media containing images of the irregular ballots
SECTION 2. Section 17-22-7 of the General Laws in Chapter 17-22 entitled "Tabulation and Certification of Returns by State Board" is hereby amended to read as follows:
17-22-7. Books of record of votes — Contents.
(a) The board shall keep separate books of record of the votes cast for the different classes of officers which it is its duty to count, canvass, and tabulate, as follows:
(1) A book of record of votes cast for electors of president and vice-president;
(2) A book of record of votes cast for senators and representatives in congress;
(3) A book of record of votes cast for general officers; and
(4) A book of record of the votes cast for each class of officers that may by law subsequently be required to be counted, canvassed, and tabulated by the board.
(b) Each of the respective books shall contain:
(1) A record of the number of votes cast in each voting district for each candidate according to the counting, canvassing, and tabulating of the board;
(2) The number cast in each voting district for each candidate according to the certificates of the moderators or wardens and clerks;
(3) The total number cast for each candidate in each town and city according to the counting and to the certificates; LC004026 - Page 2 of 4
(4) The total number cast for each candidate in the state or congressional district, as the case may be, according to the counting and the certificates;
(5) A statement of which candidates are elected; and
(6) Any other pertinent facts that the board deems proper.
(c) The board shall also keep a book of record of the votes cast for and against any proposition of amendment of the Constitution and a book of record of the votes cast for and against all questions submitted to the electors of the state, with like detail as provided in this section in relation to votes cast for officers.
(d) Notwithstanding the above, the state board shall
SECTION 3. This act shall take effect upon passage.