Analysis of Rhode Island H7007
Relating to Elections -- Mail Ballots
1. Summary of the Bill
This bill makes two substantive changes to Rhode Island's mail ballot law (Chapter 17-20):
Electronic Ballot Transmission Security Standards (§ 17-20-6.1)
The bill replaces a provision that restricted electronic ballot transmission exclusively to fax numbers provided by the Federal Voter Assistance Program. In its place, the bill establishes a technology-neutral framework requiring that any electronic transmission system used for UOCAVA voters (military and overseas citizens) must meet three criteria:
- Has undergone one or more independent security reviews
- Demonstrates compliance with the NIST Cybersecurity Framework (or successor federal cybersecurity guidelines)
- Is approved by the Secretary of State
Permanent Extension of Electronic Voting Rights for Disabled Voters (§ 17-20-9)
The bill makes permanent a provision that was set to expire on December 31, 2025, allowing eligible disabled voters to electronically receive and return mail ballots using the same electronic transmission system as UOCAVA voters. "Eligible disabled voter" is defined as a person with disabilities for whom voting in person would constitute an undue hardship due to illness, physical or mental disability, blindness, or serious impairment of mobility. The new permanent provisions (subsections (g) and (h)) are substantively identical to the expiring provisions (subsections (e) and (f)).
2. Comparison with Other States
Electronic Ballot Transmission for Military/Overseas Voters
Several states have adopted frameworks governing electronic ballot transmission for UOCAVA voters, though approaches vary significantly:
- Maine: Maine law allows UOCAVA voters to receive and return ballots electronically, but the system does not include codified cybersecurity standards comparable to the NIST framework requirement introduced in this bill. Maine's UOCAVA provisions are found in 21-A M.R.S. § 753-B.
- Vermont: Vermont permits UOCAVA voters to return ballots electronically and has moved toward a more modernized transmission system, but Vermont statutes (17 V.S.A. § 2532) do not specify NIST Cybersecurity Framework compliance requirements in the manner proposed here.
- New York: New York has historically been restrictive regarding electronic ballot return and generally limits UOCAVA voters to mail return, though it permits electronic delivery of blank ballots. New York Election Law § 10-106 governs absentee voting for military voters.
- Massachusetts: Massachusetts allows electronic transmission of ballots for UOCAVA voters under G.L. c. 54, § 103, but does not codify specific cybersecurity framework requirements in statute.
- New Hampshire: New Hampshire permits UOCAVA voters to receive ballots electronically (RSA 654:20-a), but does not impose NIST framework requirements by statute.
Electronic Voting Rights for Disabled Voters
The extension of electronic ballot transmission to disabled voters is a more distinctive feature of this bill:
- Connecticut: Connecticut has a robust absentee ballot system accessible to voters with disabilities (C.G.S. § 9-135), but does not extend electronic ballot return to disabled voters the way Rhode Island does here.
- Massachusetts: Massachusetts expanded mail ballot access for voters with disabilities through its VOTES Act (2022), codified at G.L. c. 54, but does not provide for electronic return of ballots by disabled voters comparable to Rhode Island's provision.
- No other New England state appears to have enacted legislation making the electronic return of ballots by disabled voters a permanent statutory right equivalent to UOCAVA electronic return rights.
Direct comparative citations with verified URLs:
- Maine UOCAVA provision: 21-A M.R.S. § 753-B
- Vermont UOCAVA provision: 17 V.S.A. § 2532
- Massachusetts VOTES Act summary: Massachusetts Secretary of State – VOTES Act
3. Potential Impact and Notable Aspects
- Technology Modernization: Replacing the fax-only requirement with a flexible, standards-based framework is a meaningful modernization. Requiring NIST Cybersecurity Framework compliance provides a recognized, evolving benchmark rather than locking the system to an outdated technology (fax), while still maintaining security accountability.
- Continuity for Disabled Voters: Without this bill, the electronic ballot transmission option for disabled voters would have lapsed on December 31, 2025. The bill ensures continuity of access for a vulnerable population, and by making it permanent rather than subject to periodic renewal, it reduces legislative uncertainty for election administrators and voters alike.
- Equity Argument: Linking disabled voter electronic ballot access to the UOCAVA system creates a parallel standard of access — the same security framework applies to both populations — which strengthens the equity rationale for the disabled voter provision.
- Secretary of State Discretion: The bill vests significant discretion in the Secretary of State to approve compliant electronic systems, which provides administrative flexibility but also places a meaningful responsibility on that office to vet and certify vendors.
- Rhode Island's Position: Rhode Island's approach of combining NIST-based cybersecurity standards with a permanent right to electronic ballot return for disabled voters appears to be more explicitly codified than comparable provisions in neighboring states, potentially making it a model for other states considering similar legislation.