The bill amends Section 17-19-31 of the General Laws to clarify the handling of irregular ballots in elections. An irregular ballot is one cast for a person not listed as a nominated candidate for office unless no eligible candidates appear on the ballot for that office. The bill specifies that these ballots should not be counted unless their number exceeds the margin of votes between the top two candidates in the race, with exceptions for presidential preference primaries or general elections. It also introduces a new section, 17-14-18, which requires write-in candidates to declare their intent to run by filing a form with the secretary of state by a specified deadline. This form must include personal details and certifications regarding criminal convictions and mental competence. The bill removes the provision that write-in votes receiving less than five votes be reported as a composite total.

The bill also requires that write-in votes be tallied in closely contested races for candidates who file the declaration of intent, as well as in contests where no candidate is on the ballot. Local boards of canvassers and the state board of elections are tasked with tallying these votes. Furthermore, all scanned images containing write-in votes must be posted on the state board's website. The bill establishes residency requirements for write-in candidates that are similar to those for declared candidates and mandates that write-in candidates file their declaration of intent with the same office where the declaration of candidacy is filed. The act will take effect upon passage.

Statutes affected:
5960  SUB A: 17-19-31, 17-22-7
5960: 17-19-31, 17-22-7