Analysis of Rhode Island H7007 (As Amended)
1. Summary of the Bill
This bill amends Rhode Island's mail ballot law (Chapter 17-20) in two primary ways:
Electronic Ballot Transmission Security Standards (§ 17-20-6.1)
The bill replaces a prior requirement that the Secretary of State transmit ballots only to a fax number provided by the Federal Voter Assistance Program. In its place, the bill requires that any electronically transmitted ballots for UOCAVA-covered voters (military and overseas citizens) must use a service or solution that meets all of the following criteria:
- Has undergone one or more independent security reviews
- Demonstrates compliance with the NIST Cybersecurity Framework (or guidelines from a successor federal agency)
- Is approved by the Secretary of State
This represents a modernization away from facsimile transmission toward more secure electronic platforms, subject to defined cybersecurity standards.
Permanent Extension of Disabled Voter Electronic Ballot Access (§ 17-20-9)
Subsections (e) and (f) of § 17-20-9, which allowed eligible disabled voters to electronically receive and return mail ballots using the same system as UOCAVA voters, were set to expire on December 31, 2025. This bill makes that access permanent by adding new subsections (g) and (h) with identical policy language, with one notable addition: the definition of "eligible disabled voter" in new subsection (h) adds a certification requirement, specifying that voters must certify their disability status subject to the perjury and false statement provisions of §§ 17-20-8(d) and 17-26-1.
2. Comparison with Other States
Electronic Ballot Transmission for UOCAVA Voters
Several states have moved away from fax-only transmission for military and overseas ballots, though approaches vary:
- Maine permits electronic ballot delivery and return for UOCAVA voters and has adopted security review requirements for such systems. Maine's election statutes (21-A M.R.S. § 753-B) provide for electronic absentee ballot transmission for overseas and military voters, though Maine does not codify specific NIST framework requirements in statute.
- Vermont allows UOCAVA voters to receive and return ballots electronically under 17 V.S.A. § 2532, but similarly does not mandate NIST-specific cybersecurity standards in the statute itself.
- New York permits electronic transmission of ballots to UOCAVA voters under Election Law § 10-106 but has faced ongoing scrutiny regarding the security of such systems; no NIST framework requirement is codified.
Rhode Island's explicit statutory requirement that electronic ballot systems meet the NIST Cybersecurity Framework is relatively distinctive among New England and neighboring states, reflecting a more security-prescriptive approach than most comparable statutes.
Electronic Ballot Access for Disabled Voters
This is a less common statutory provision nationally:
- Massachusetts does not have a comparable provision allowing disabled voters to use the UOCAVA electronic transmission system for mail ballots.
- Connecticut provides accommodations for voters with disabilities under Conn. Gen. Stat. § 9-135b but does not extend the UOCAVA electronic system to disabled voters.
- New Hampshire and Vermont similarly lack a direct parallel allowing disabled voters to use military/overseas electronic ballot infrastructure.
Rhode Island's extension of the UOCAVA electronic ballot system to eligible disabled voters appears to be among the broader such provisions in New England.
> Note: Direct URL citations to specific statutory text are not included here, as deep links to state legislative databases for Maine, Vermont, New York, and Connecticut in their current codified form could not be verified as stable and accurate at this time. Citations to the statutes themselves (21-A M.R.S. § 753-B; 17 V.S.A. § 2532; N.Y. Election Law § 10-106; Conn. Gen. Stat. § 9-135b) are provided for reference.
3. Potential Impact and Notable Aspects
- Security Modernization: The shift from fax-only transmission to NIST-compliant electronic systems reflects broader trends in election security and could meaningfully improve the integrity of overseas and military ballot transmission while reducing reliance on outdated fax infrastructure.
- Certification Requirement for Disabled Voters: The addition of a self-certification requirement (with reference to false statement penalties) in the permanent version of the disabled voter provision is a modest but meaningful change from the expiring language. It adds an accountability mechanism that was absent in the temporary provision.
- Continuity of Access: The primary practical effect of the bill is to prevent a lapse in electronic ballot access for disabled voters that would have occurred when the 2022 temporary provisions expired on December 31, 2025. Without this bill, disabled voters would have lost the ability to use the electronic transmission system.
- Scope of Secretary of State Authority: Granting the Secretary of State approval authority over qualifying electronic ballot platforms provides administrative flexibility but also concentrates discretion in a single office, which may warrant ongoing legislative oversight.