AN ACT RELATING TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT, AND SUPPLIES (Requires all write-in votes, regardless of qualification, to be reported and published by the state board of elections, on its website.)

S2130

2026 -- S 2130
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT,
AND SUPPLIES

Introduced By:
Senators McKenney, LaMountain, Tikoian, Appollonio, and Murray

Date Introduced:
January 16, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 17-19-31 of the General Laws in Chapter 17-19 entitled "Conduct of
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Election and Voting Equipment, and Supplies" is hereby amended to read as follows:
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17-19-31. Irregular ballots.
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Ballots voted for any person whose name does not appear on the ballot as a nominated
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candidate for office are referred to in this section as “irregular ballots.” In voting for presidential
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electors, a voter may vote an irregular ticket made up of the names of persons in nomination by
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different parties; or partly of names of persons in nomination and partly of names of persons not in
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nomination; or wholly of names of persons not in nomination by any party. Scanned images of the
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computer ballot containing the irregular ballot shall be stored digitally on physical electronic media
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in the optical-scan precinct-count unit
and published on the state board website
. With that
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exception, no irregular ballot shall be voted for any person for any office whose name appears on
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the ballot as a nominated candidate for that office; any irregular ballot so voted shall not be counted.
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An irregular ballot must be cast in its appropriate place on the ballot, or it shall be void and not
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counted and no irregular ballots shall be counted at primaries; provided, that at any presidential
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primary, irregular ballots shall be counted for those persons whose names have been written in for
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the office of president. At the close of the polls, irregular ballots shall be packaged according to §
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17-19-33 and shall be immediately delivered to the local board of canvassers. The local board shall
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receive the tape from the optical precinct-count unit containing printed images of each written name

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on the irregular ballots, or the physical electronic media containing images of the irregular ballots
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and record

containing
all write-in votes cast for all federal, state, and local races listed on the tape.
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If the total number of write-in votes cast, may affect the election outcome for a particular office,
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including whenever the total number of write-in ballots cast falls within the margins of a valid
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recount request for that office, the local board shall adjudicate each individual write-in vote cast
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for that office and report the total qualified write-in votes cast to the state board. The state board
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shall notify the applicable local board(s) when the total write-in votes cast in any contest, may
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affect the election outcome for any particular office.
The local board shall notify the state board of
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the results through a procedure promulgated by the state board.
A write-in candidate, who has filed
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required campaign finance reports with the state board, or who has neither accepted contributions,
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nor made aggregate expenditures in excess of the amounts for which a filing exemption would be
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available to other candidates under § 17-25-11(e), is entitled to an adjudication of the write-in votes
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cast in their contest, regardless of the total write-in votes cast in that contest, through a procedure
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promulgated by rules and regulations of the state board. The rules shall be promulgated in
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accordance with the rulemaking provisions of chapter 35 of title 42 ("administrative procedures"),
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notwithstanding the provisions of § 42-35-18(b)(7), except where urgently necessary to address a
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time sensitive issue.
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SECTION 2. Section 17-22-7 of the General Laws in Chapter 17-22 entitled "Tabulation
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and Certification of Returns by State Board" is hereby amended to read as follows:
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17-22-7. Books of record of votes — Contents.
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(a) The board shall keep separate books of record of the votes cast for the different classes
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of officers which it is its duty to count, canvass, and tabulate, as follows:
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(1) A book of record of votes cast for electors of president and vice-president;
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(2) A book of record of votes cast for senators and representatives in congress;
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(3) A book of record of votes cast for general officers; and
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(4) A book of record of the votes cast for each class of officers that may by law
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subsequently be required to be counted, canvassed, and tabulated by the board.
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(b) Each of the respective books shall contain:
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(1) A record of the number of votes cast in each voting district for each candidate according
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to the counting, canvassing, and tabulating of the board;
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(2) The number cast in each voting district for each candidate according to the certificates
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of the moderators or wardens and clerks;
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(3) The total number cast for each candidate in each town and city according to the counting
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and to the certificates;

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(4) The total number cast for each candidate in the state or congressional district, as the
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case may be, according to the counting and the certificates;
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(5) A statement of which candidates are elected; and
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(6) Any other pertinent facts that the board deems proper.
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(c) The board shall also keep a book of record of the votes cast for and against any
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proposition of amendment of the Constitution and a book of record of the votes cast for and against
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all questions submitted to the electors of the state, with like detail as provided in this section in
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relation to votes cast for officers.
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(d) Notwithstanding the above, the state board shall
report

publish on its website images
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of
all write-in votes
cast for each particular office, regardless of candidate eligibility and regardless
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of whether it may affect the outcome, and shall report all write-in votes adjudicated by the local
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board in accordance with § 17-19-31,

received by persons, not otherwise qualifying to appear on
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the ballot and receiving less than five (5) votes in a race, as a composite total of all write-in votes
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cast for said office

and shall also publish the overall total number of write-in votes cast for and with
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each particular office
.
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT,
AND SUPPLIES
***
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This act would require all write-in votes, regardless of qualification, to be reported and
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published by the state board of elections, on its website. It would also require the local board of
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canvassers to adjudicate write-in votes in any contest, where the total number of write-in votes cast
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may affect the outcome.
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This act would take effect upon passage.
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