§ 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. 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 and record all write-in votes cast for all federal, state, and local races listed on the tape. The local board shall notify the state board of the results through a procedure promulgated by the state board.
History of Section. (P.L. 1935, ch. 2195, § 17; G.L. 1938, ch. 318, § 13; P.L. 1940, ch. 818, § 1; impl. am. P.L. 1947, ch. 1886, §§ 36, 39; G.L. 1956, § 17-19-27; G.L. 1956, § 17-19-31; P.L. 1958, ch. 18, § 1; P.L. 1966, ch. 199, § 1; P.L. 1992, ch. 7, § 1; P.L. 1992, ch. 205, § 2; P.L. 1996, ch. 277, § 12; P.L. 1996, ch. 298, § 12; P.L. 2016, ch. 174, § 1; P.L. 2016, ch. 190, § 1.)
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