2026 -- H 8334

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LC006066

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

____________

A N   A C T

RELATING TO ELECTIONS -- RHODE ISLAND VOTING RIGHTS ACT

     Introduced By: Representatives Kazarian, Shanley, Fogarty, Edwards, Furtado, Messier,
Alzate, Casimiro, Stewart, and Boylan

     Date Introduced: March 20, 2026

     Referred To: House State Government & Elections

     (Secretary of State)

It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings.

     The general assembly finds and declares that our form of government is built on the

foundation of each citizen's right to vote and that electoral systems or practices that deny or abridge

that right are counter to the intent, principles, and practices expressed in the Voting Rights Act of

1965 and its subsequent reauthorizations. Prevention of discrimination in voting is a matter of

statewide concern that necessitates the enactment of the Rhode Island Voting Rights Act ensuring

crucial procedures and protections that provide Rhode Island voters the right to fully participate in

the electoral process free from discrimination.

     SECTION 2. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by

adding thereto the following chapter:

CHAPTER 31

RHODE ISLAND VOTING RIGHTS ACT

     17-31-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Voting Rights Act".

     17-31-2. Definitions.

     As used in this chapter, unless the context otherwise requires:

     (1) "Disability" has the meaning as used in the Americans with Disabilities Act, 42 U.S.C.

§ 12102 and in § 17-20-2 relating to circumstances under which an elector is eligible for a mail

ballot.

     (2) "Early voting" means casting a ballot in person, as described in § 17-20-2.2(g) or any

other method of casting a ballot in person before election day adopted by the state.

     (3) "Election policy or practice" means any qualification to be a voter, prerequisite to

voting, method of election, or any other law, statute, ordinance, resolution, charter or code

provision, regulation, rule, policy, practice, procedure, standard, or any other action with respect to

voting, electoral or jurisdictional boundaries, or the administration or schedule of elections.

     (4) "Governing body" means the entity with official authority to make and/or enforce

decisions, policies, and laws for a political subdivision. For the purposes of this chapter, fire

districts and regional school districts are not governing bodies.

     (5) "Limited English proficient individuals" or "LEP individuals" means individuals who

self-report speaking, reading, or understanding the English language less than "very well,"

according to the United States Census Bureau data or data of comparable quality collected by a

governmental entity, including as self-reported by such persons to a governmental entity.

     (6) "Method of election" means the manner or mechanism by which elections occur as

prescribed by § 17-1-2 and includes any method of election allowed under state law or ordered by

a court, as well as any districting or redistricting plan used to elect candidates to the governing body

of a political subdivision.

     (7) "Political subdivision" means the State of Rhode Island; any of its agencies; cities and

towns; its other political subdivisions; and other authorities. For the purposes of this chapter, fire

districts and regional school districts are not political subdivisions.

     (8) "Polling place" means any location designated by boards of canvassers under the

supervision of the state board of elections for the casting of ballots including, but not limited to,

early voting locations, election day polling places, ballot receptacles, and ballot drop box locations.

     (9) "Protected class" means any group of individuals who are members of any race, color

or language-minority including, but not limited to, a class of two (2) or more such groups, and

includes individuals who are members of a minimum reporting category that has been officially

recognized by the United States Census Bureau.

     (10) "Qualifying school" means a public or private school accredited by a United States

territory or the Commonwealth of Puerto Rico in which the predominant classroom language is

other than English.

     (11) "Racially polarized voting" means voting in which there is a divergence in the

candidate preferences, political preferences, or electoral choices of members in a protected class,

including the combined preferences of a protected class comprised of two (2) or more groups of

voters, from the candidate preferences, political preferences, or electoral choices of members of

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another class or set of classes.

     (12) "Vote" or "voting" means all actions necessary to make a vote effective in any election

as defined in § 17-1-2 including, but not limited to, registration or other action required by law

prerequisite to voting, casting a ballot by any method permitted, including any method available as

a remedy under this chapter, and having such ballot counted properly and included in the

appropriate totals of votes received for questions or for candidates for public or party office.

     17-31-3. Prohibition on voter suppression and vote dilution.

     (a) No political subdivision shall engage in voter suppression as set forth in this section.

     (1) No political subdivision may implement, impose, or enforce any election policy or

practice that results in, is likely to result in, or is motivated in whole or in part by the intent to result

in, voter suppression.

     (2) A violation of subsection (a)(1) of this section is established if the following is present:

     (i) A material disparity affecting protected class members or voters based on race or color,

religion, sex, sexual orientation, gender identity or expression, disability, age, country of ancestral

origin, or change in marital status in voter participation, access to voting opportunities, or the

opportunity or ability to participate in any stage of the political process, as a result of the policy or

practice; or

     (ii) Based on the totality of circumstances, an impairment of the equal opportunity or ability

of protected class members to participate in any stage of the political process.

     (3) There is no violation under subsection (a)(2)(i) of this section if the political subdivision

demonstrates by clear and convincing evidence that:

     (i) The election policy or practice is necessary to significantly further a compelling and

particularized governmental interest; and

     (ii) There is no reasonable alternative election policy or practice that comparably furthers

the compelling and particularized governmental interest and results in a smaller disparity between

protected class members and other members of the electorate.

     (4) A violation of this section may also be established through direct or circumstantial

evidence of intentional discrimination; however, evidence of intentional discrimination, including

evidence concerning the intent of electors, elected officials, or public officials to discriminate

against protected class members, is never required under subsection (a)(2) of this section.

     (b) No political subdivision shall engage in vote dilution as set forth in this section.

     (1) No political subdivision shall employ any method of election that has the effect, will

likely have the effect, or is motivated in part by the intent, of diluting the vote of protected class

members.

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     (2) A violation of subsection (b)(1) of this section is established if:

     (i) Either:

     (A) Elections in the political subdivision exhibit racially polarized voting resulting in an

impairment of the equal opportunity or ability of protected class members to nominate or elect

candidates of their choice; or

     (B) Based on the totality of circumstances, the equal opportunity or ability of protected

class members to nominate or elect candidates of their choice is impaired; and

     (ii) Another method of election or change to the existing method of election exists that

could be constitutionally adopted or ordered under § 17-31-9(g) would likely mitigate the

impairment.

     (3) A violation of this section may also be established through direct or circumstantial

evidence of intentional discrimination; however, evidence of intentional discrimination, including

evidence concerning the intent of electors, elected officials, or public officials to discriminate

against protected class members, is never required under subsection (b)(2) of this section.

     (c) Claims brought under subsections (a) and (b) of this section are established subject to

the guidelines and rules enumerated below.

     (1) To establish the totality of circumstances under subsections (a)(2)(ii) or (b)(2)(i)(B) of

this section:

     (i) The following factors may be relevant:

     (A) The history of discrimination with respect to the protected class at issue;

     (B) The extent to which members of the relevant protected class are disadvantaged or

otherwise bear the effects of public or private discrimination in areas such as education,

employment, health, criminal justice, housing, transportation, land use, or environmental

protection;

     (C) The use of any election policy or practice that may enhance the discriminatory or

dilutive effects of the relevant election policy or practice or method of election in the political

subdivision;

     (D) The extent to which members of the relevant protected class vote or register to vote at

lower rates;

     (E) The extent to which candidates who are members of the relevant protected class have

faced hostility or barriers with respect to campaigning, getting on the ballot, receiving financial

support, or receiving any other support for an election;

     (F) The extent to which the members of the relevant protected class have been elected to

office;

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     (G) Whether the election policy or practice is necessary to significantly further a

compelling and particularized governmental interest;

     (H) The process that led to the adoption of the election policy or practice; and

     (I) Other factors deemed relevant.

     (ii) No set number or combination of these factors must be met to determine that a violation

occurred.

     (iii) There is no requirement that evidence must affect all individuals or groups within a

protected class to be relevant.

     (iv) For alleged violations pertaining to a particular political subdivision, evidence of these

factors may be deemed more probative if it relates to the political subdivision in which the alleged

violation occurred, but evidence related to the state or the geographic region in which that political

subdivision is located may also be probative. The fact that similar or worse circumstances may

exist in other political subdivisions does not reduce the probative value of the evidence relevant to

the particular political subdivision.

     (2) To establish that elections in the political subdivision exhibit racially polarized voting

under subsection (b)(2)(i)(A) of this section:

     (i) Racially polarized voting must be assessed based on the relevant election results, which

may include, but are not limited to, elections for offices of the political subdivision; elections held

in the political subdivision for other offices, such as state or federal offices; and other electoral

choices that bear on the rights and privileges of the protected class.

     (ii) No set number or combination of elections is required to establish the existence of

racially polarized voting.

     (A) Evidence of non-polarized voting in elections for offices outside the political

subdivision does not preclude a finding of racially polarized voting based on elections for offices

of the political subdivision.

     (B) Non-statistical or non-quantitative evidence does not preclude a finding of racially

polarized voting based on statistical or quantitative evidence.

     (C) Low or high turnout or registration rates among protected class members does not

preclude a finding of racially polarized voting.

     (iii) When establishing the combined candidate preferences, political preferences, or

electoral choices of a protected class comprised of two (2) or more groups of voters, there is no

requirement that it be statistically shown that each group or subgroup be separately polarized from

those of other voters.

     (iv) Evidence presented by a political subdivision regarding the causes of racially polarized

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voting is not relevant to a determination of whether racially polarized voting exists, and the

existence of alternative explanations, including partisan explanations, does not preclude a finding

of racially polarized voting.

     (3) The following guidelines apply to evidence presented by a political subdivision to refute

that a violation of this section occurred:

     (i) The following circumstances are never relevant:

     (A) The absolute number or share of protected class members on whom the election policy

or practice imposes a material burden is small;

     (B) The degree to which the election policy or practice has a long pedigree or was in

widespread use at some earlier date;

     (C) The use of an identical or similar election policy or practice in other states or political

subdivisions; or

     (D) The availability of forms of voting unimpacted by the election policy or practice.

     (ii) Whether protected class members typically elect candidates of their choice to the

governing body in approximate proportion to their total number or share of the population may be

relevant under subsection (b) of this section.

     (iii) For the purpose of satisfying subsection (b) of this section including, but not limited

to, subsection (b)(2)(ii), it is not necessary for the total number or share of protected class members

to exceed any numerical threshold in any district or in the political subdivision as a whole.

     (iv) Upon finding a violation of this section, notwithstanding any other law, a court must

exercise its equitable powers to fashion relief so it completely remedies the dilution or suppression.

     17-31-4. Judicial preapproval for political subdivisions.

     (a) Except as otherwise provided in this subsection, in any action in which a court finds a

violation of this chapter, the federal Voting Rights Act, the Rhode Island constitution concerning

the right to vote for protected class members, the Fourteenth Amendment of the United States

Constitution concerning the right to vote, the Fifteenth Amendment of the United States

Constitution, or any other state or federal law concerning the right to vote for protected class

members, in addition to the remedies available under § 17-31-9(g), the court may retain jurisdiction

and require that, for a period of up to ten (10) years, the political subdivision obtain the court's

preapproval before enacting or modifying any election policy or practice.

     (b) When considering whether to order this remedy, the court shall take into consideration

the severity of the violation, whether the violation was intentional, the number of violations, and

whether the political subdivision has any previous violations. A court must retain jurisdiction for a

violation described in this section if the court finds that the violation is susceptible to repetition,

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the remedy is susceptible to circumvention, there is evidence of intentional discrimination by the

political subdivision, or the political subdivision failed to adopt broad prophylactic measures to

prevent any future violations.

     (c) A request for judicial preapproval submitted to a court under subsection (a) of this

section may be granted only if the court concludes that:

     (1) The election policy or practice policy will not diminish, in relation to the status quo

before the enactment or implementation of the election policy or practice, the equal opportunity or

ability of members of the protected class that provided the basis for judicial preapproval to

participate in the political process and, in order of priority:

     (i) Elect candidates of their choice; or

     (ii) Otherwise influence the outcome of elections; and

     (2) The election policy or practice is unlikely to violate this chapter with respect to claims

that could be brought by members of the protected class that provided a basis for judicial

preapproval.

     (d) In any request for judicial preapproval, the political subdivision shall indicate the

position of each party as to whether the proposed election policy or practice complies with

standards for preapproval as described in this section. The parties or their successors in interest

may submit a stipulated order for judicial preapproval for the court's consideration.

     (e) To the extent a political subdivision subject to the judicial preapproval procedures under

this section must make emergency changes to locations of polling places, early voting sites, or mail

ballot drop boxes within seven (7) days before an election due to exigent circumstances that are

outside of the political subdivision's control, the political subdivision may implement the

emergency changes without first obtaining judicial preapproval under this section, as long as that

political subdivision notifies, in writing, the court and all parties to the action of the emergency

changes before implementing those changes and explains in detail the exigent circumstances that

made the emergency changes necessary.

     (1) Any party to the action may request that the court subject emergency changes to the

judicial preapproval process under this section.

     (2) To the extent a political subdivision intends to maintain any emergency changes beyond

that election, the political subdivision must obtain judicial preapproval for those changes as

provided under this section.

     (f) The political subdivision bears the burden of proof in a proceeding involving judicial

preapproval under this section.

     17-31-5. Protections for limited English proficient and disabled voters.

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     (a) The secretary of state shall make a determination of which political subdivisions meet

the demographic threshold for language access coverage per the parameters of subsection (b) of

this section based on census data as of the effective date of this section and every time upon the

release of decennial census data.

     (1) The secretary of state shall publish a list of the covered political subdivisions and the

languages for which they are required to provide language access on its website.

     (2) All coverage determinations shall be made by the secretary of state based on data from

the United States Census Bureau.

     (3) The secretary of state shall give notice directly to each covered political subdivision

specifying the language or languages for which the political subdivision is covered, and the

corresponding requirements accompanying such coverage.

     (4) The secretary of state may promulgate rules and regulations to implement this section

pursuant to chapter 35 of title 42 ("administrative procedures").

     (b) A political subdivision shall implement language assistance programs when found to

meet certain demographic thresholds for voting-eligible LEP individuals in accordance with this

section.

     (1) The secretary of state shall designate one or more languages, other than English, for

which language assistance in voting and elections shall be provided assistance as required in

subsection (c)(1) of this section by a political subdivision responsible for election administration

if:

     (i) More than five percent (5%) of the voting-eligible population of a political subdivision

are members of a single language minority and are LEP individuals; or

     (ii) More than ten thousand (10,000) individuals in the voting-eligible population of such

political subdivision are members of a single language minority and are LEP individuals; or

     (iii) In the case of a political subdivision that contains in whole or in part a Native American

reservation, more than one percent (1%) of the Native American voting-eligible population within

the relevant Native American reservation are members of a single language minority and are LEP

individuals.

     (2) If the voting-eligible population of any language minority group in one or more political

subdivisions does not meet the criteria necessary for assistance as prescribed in subsection (b)(1)

of this section, the voting-eligible population may request the secretary of state for assistance. Upon

the request for assistance from the voting-eligible population that does not meet the criteria set in

subsection (b)(1) of this section, the secretary of state shall designate one or more languages, other

than English, for which language assistance in voting and elections shall be provided assistance as

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required in subsection (c)(2) of this section by a political subdivision responsible for election

administration if it is determined that:

     (i) More than three percent (3%), but in no instance fewer than one hundred (100)

individuals, of the voting-eligible population of a political subdivision are members of a single

language minority and are LEP individuals; or

     (ii) More than five thousand (5,000) individuals in the voting-eligible population of such

political subdivision are members of a single language minority and are LEP individuals; or

     (iii) In the case of a political subdivision that contains in whole or in part a Native American

reservation, more than one-half percent (0.5%) of the Native American voting-eligible population

within the Native American reservation are members of a single language minority and are LEP

individuals.

     (3) The secretary of state shall use its best efforts to inform the appropriate organizations

representing the minority language/LEP population not covered by subsection (b) of this section

that persons who cannot read or write English are able to vote will be given assistance in marking

their ballot by a person of the voter's choice, other than the voter's employer or agent of that

employer, or an officer or agent of the voter's union as prescribed in § 17-19-26.1.

     (c) Compliance with this section requires materials and assistance to be provided in a way

designed to allow voters who are members of a single language minority to be effectively informed

of and participate effectively in voting-connected activities.

     (1) Where applicable, a political subdivision required to provide language assistance in a

particular language other than English pursuant to subsection (b)(1) of this section shall ensure that

each of the following forms of voting assistance is translated and provided to LEP voters:

     (i) All official and sample ballots used on election day and during early voting shall be

fully translated into the covered language and made available to voters in all voting locations and

online.

     (ii) All forms used for voter registration, including online, mail, and in-person registration,

along with any explanatory materials, must be provided in the covered language.

     (iii) All public notices relating to the electoral process, including notices about registration

deadlines, polling place changes, early voting site changes, voter education materials, and voting

instructions that provide direction during the voting process must be fully translated and

disseminated in the covered language to the same extent that English-language notices are made

available.

     (iv) Signage identifying the availability of translated ballots, bilingual poll workers, and

live over-the-phone interpretation services must be made available in the covered language on the

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political subdivision's website, at local elections offices, at early voting sites, and at polling places.

     (v) Covered political subdivisions must have sufficient trained bilingual poll workers or

interpreters available at each in-person voting site to provide effective language assistance in the

covered language to any voters who need it. Bilingual staff must be easily identifiable by LEP

voters through prominently displayed badges or other identifying materials indicating their

bilingual capabilities.

     (vi) Each political subdivision must have an accessible bilingual staff member who is

trained in its election and voting procedures and able to respond to questions, issues, and the needs

of covered language speakers within the political subdivision.

     (vii) Live language interpretation services by telephone, allowing voters to request and

receive real-time assistance in the covered language during early voting, on election day, and for

any voter-related inquiries within sixty (60) days of a statewide primary or general election.

     (viii) Any information relating to voter registration, polling places, early voting, official

ballots, or other voting related materials and notifications provided on the website used by a

political subdivision to share information related to elections and voting must be made available in

the covered language.

     (2) Where applicable, a political subdivision required to provide language assistance in a

particular language other than English pursuant to subsection (b)(2) of this section shall provide

the following physical and online voting materials in the covered language:

     (i) Sample ballots must be translated into the covered language within thirty (30) days of a

statewide primary or general election and made available at polling places, early voting sites, and

online.

     (ii) Voter registration forms and instructions must be provided in the covered language to

the same extent and manner as made available in English, including direct mailings requested by a

voter.

     (iii) Any notifications about polling place or early voting site changes or relocations must

be provided in the covered language and disseminated in the covered language to the same extent

that English-language notices are made available.

     (iv) In-language signage identifying the availability of covered language sample ballots

and live over-the-phone interpretation services must be made available on the political subdivision's

website, a local elections office, at early voting sites, and at polling places during voting periods.

     (v) The secretary of state shall provide live language interpretation services by telephone,

allowing voters to request and receive real-time assistance in the covered language during early

voting, on election day, and for any voter-related inquiries within sixty (60) days of a statewide

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primary or general election.

     (3) Any electoral and voting materials created, produced, or disseminated physically or

online by the secretary of state, state board of elections, or local board shall be made available

within sixty (60) days of a statewide primary or general election and in compliance with the

requirements of this section.

     (d) No voter who has attended a qualifying school may be denied the right to vote in any

state or local election because of their inability to read, write, understand, or interpret any matter in

the English language.

     (e) All materials and notices provided by a political subdivision as required by this section

in a particular language other than English must be of an equal quality to the corresponding English-

language materials and produced at the same time as the corresponding English-language materials.

All provided translated materials must convey the intent and essential meaning of the original

English language text or communication. Translated materials produced solely by automated

translation services are presumed to be insufficient to completely convey intent and essential

meaning.

     (f) Pursuant to § 17-19-26.1, any voter who requires assistance at any stage of the voting

process, by reason of blindness, disability, or inability to read, write, or understand any aspect of

the voting process, has the right to receive assistance from any person of the voter's choice, other

than the voter's employer or agent of that employer or officer or agent of the voter's union.

     (g) A political subdivision that has been designated as a covered political subdivision under

subsection (b) of this section may challenge the determination within sixty (60) days of its

publication in accordance with chapter 35 of title 42 ("administrative procedures"), including the

applicable standard of review of such actions. Such actions may only be filed by the covered

political subdivision, and intervention is not permitted.

     (h) Any party, as defined in § 17-31-9(a), that is aggrieved by the exclusion of a political

subdivision from the list of covered political subdivision under subsection (b) of this section may

file an action to challenge the exclusion of a political subdivision. Such actions are subject to a

three (3) year statute of limitations, accruing from the date of any coverage determinations under

subsection (b) of this section, and are subject to a de novo standard of review.

     (i) This section shall take effect one year after the effective date of this chapter.

     17-31-6. Online repository of voting and elections data.

     (a) Effective January 1, 2028, the secretary of state shall establish and maintain and make

publicly available an online repository of election and voting data, geospatial data, and any other

information that the secretary of state deems necessary for the purpose of collecting and archiving

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data pertaining to elections, electoral structure, voter registration, and ballot access in this state; to

foster and pursue research of existing laws and regulations; and to support and enable the

development of best practices in voting and elections. Any data and information collected and

archived within the online repository are sourced from the United States Census Bureau including,

but not limited to, total population, voting age population, and citizen voting age population by

race, ethnicity, language minority group, and disability status, or based on existing sources of data

from a state or local government entity and are thereby entitled to a presumption of authenticity

and constitute judicially noticeable facts.

     (b) This section shall take effect January 1, 2028.

     17-31-7. Prohibition on intimidation, deception, and obstruction.

     (a) No person, whether acting under color of law or otherwise, may engage in or attempt

to engage in acts of intimidation, deception, or obstruction that affect the right of voters to

participate in elections.

     (b) Violations of this section include, but are not limited to, the following:

     (1) A person uses, threatens to use, or attempts to use any force, violence, restraint,

abduction or duress, or inflicts, threatens to inflict, or attempts to inflict any injury, damage, harm,

or loss, or in any other manner practices or attempts to practice intimidation that causes or will

reasonably have the effect of causing any person to vote or refrain from voting;

     (2) A person uses or attempts to use any deceptive or fraudulent device, contrivance, or

communication, regarding the time, place, or manner of conducting an election or the qualifications

for or restrictions on voter eligibility for an election, with reckless disregard for the truth, that

impedes, prevents, or otherwise interferes with the free exercise of the elective franchise by any

person, or that causes or will reasonably have the effect of causing any person to vote or refrain

from voting; or

     (3) A person obstructs, impedes, or otherwise interferes, or attempts to obstruct, impede,

or otherwise interfere with access to any early voting location, polling place, or elections office, or

with any voter in any manner that causes or would reasonably have the effect of causing any delay

in voting or the voting process, including the canvassing, certification, and tabulation of ballots.

     (c) A person who violates this section or who aids in the violation of this section shall be

liable for any damages awarded by the court, including nominal damages for any violation and

compensatory or punitive damages for any willful violation.

     (d) Nothing in this section, nor in its enforcement pursuant to §§ 17-31-9(f) and (g), shall

be construed to prohibit any activity protected under the Constitution of the United States.

     17-31-8. Democracy canon.

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     (a) Any provision of state law, regulation, charter, home rule ordinance, or other enactment

of the state or any political subdivision relating to voting or the right to vote must be construed

liberally in favor of the factors listed below. To the extent courts are afforded discretion on any

issue including, but not limited to, questions concerning discovery, procedure, admissibility of

evidence, or remedies, it is the policy of the state that courts must exercise that discretion, and

weigh other equitable discretion, in favor of the factors listed below.

     (1) Making voting, the fundamental right to vote and the ability to participate in the

democratic process more accessible to eligible voters;

     (2) Safeguarding and vindicating, to the fullest extent possible by law, the voting rights of

protected class members including, but not limited to, equitable access to opportunities to register

to vote and vote, and the equal opportunity to elect candidates of choice; and

     (3) Ensuring protected class members have full access to relief from discrimination in

voting.

     17-31-9. Enforcement.

     (a) An action to cure a violation of this chapter may be brought by any individual or entity

aggrieved by a violation of this chapter or by the attorney general.

     (1) An entity aggrieved by a violation of this chapter includes, but is not limited to, any

entity:

     (i) Whose membership includes individuals aggrieved by a violation of this chapter;

     (ii) Whose mission would be frustrated by a violation of this chapter including, but not

limited to, an entity that would expend or divert resources to fulfill its mission as a result of such

violation or who must expend greater resources or efforts to advocate before an elected body that

is less responsive to the entity or its members due to the alleged violation; or

     (iii) An entity must not be compelled to disclose the identity of any specific member to

pursue a claim on behalf of its members.

     (2) This section must be construed liberally to confer standing as broadly as the

Constitution of the State of Rhode Island permits.

     (b) Except as provided in subsection (b)(5) of this section, before filing an action against a

political subdivision under this chapter, a party described in subsection (a) of this section except

for the attorney general shall send a notice letter to the political subdivision identifying the potential

violation(s) and the type of remedy the party believes may address the potential violation(s). The

party shall not file an action within sixty (60) days after sending the notice letter.

     (1) The political subdivision may work with the party that provided notice to implement a

remedy that cures the potential violation(s). If the legislative body of the political subdivision

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adopts a resolution identifying a remedy, affirming its intent to enact and implement a remedy, and

establishing a timeline and specific steps it will take to do so, the party shall not file an action within

one hundred twenty (120) days after sending the notice letter.

     (2) In response to a notice letter, the political subdivision may adopt a resolution denying

that a violation exists, or otherwise formally deny a violation, which will abrogate the sixty (60)

day waiting period described in subsection (b) of this section and permit the party who sent a notice

letter to file an action immediately.

     (3) If, under the laws of this state, the legislative body of a political subdivision lacks

authority to enact or implement a remedy identified in such a resolution, the political subdivision

may nonetheless enact and implement a proposed remedy upon approval of a court of suitable

jurisdiction.

     (4) Following the party's submission of a notice letter, the party may file an action if the

political subdivision has not enacted or implemented a remedy within the time periods designated

by this subsection or the political subdivision has enacted or implemented a remedy that would not

remedy the violation identified in the party's notice letter.

     (5) A party with standing pursuant to subsection (a) of this section may file an action

against a political subdivision under this chapter notwithstanding this subsection if:

     (i) The party is seeking preliminary relief with respect to an upcoming election;

     (ii) Another party has already submitted a notice letter alleging a substantially similar

violation and that party is eligible to file an action under this section; or

     (iii) The prospect of obtaining relief under subsection (b)(1) of this section would be futile.

     (c) An action to enforce this chapter may be brought in superior court pursuant to the rules

of civil procedure.

     (d) Actions brought pursuant to this chapter must be subject to expedited pretrial and trial

proceedings and receive an automatic calendar preference.

     (e) In any action alleging a violation of this chapter in which a party seeks preliminary

relief with respect to an upcoming election, a court must grant relief if it determines that:

     (1) Plaintiffs are more likely than not to succeed on the merits; and

     (2) It is possible to implement an appropriate remedy that would resolve the alleged

violation in the upcoming election.

     (f) Upon finding a violation of any provision of this chapter, a court must order appropriate

remedies notwithstanding any other law.

     (1) The court has authority to order remedies that are tailored to best mitigate the violation,

including any and all forms of preliminary and injunctive relief. Without limitation, the court may

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consider, among others, any remedy that is available to a federal court or the court of another state

jurisdiction, including through a court-approved consent decree or settlement adopted in the context

of similar facts or to remedy a similar violation.

     (2) A remedy ordered under this section must be implemented in the next relevant election,

scheduled or ordered, wherever possible.

     (g) This chapter provides rights and remedies under state law to enforce state constitutional

rights or statutory rights and does not enforce any rights established under the United States

Constitution or federal law. Nothing in this chapter may be construed to create a cause of action

under federal law. Persuasive use of relevant federal legal standards, precedents, or evidentiary

frameworks to aid in the interpretation or application of this chapter should not be construed to give

rise to a federal question. Moreover, use of such federal legal standards, precedent, or evidentiary

frameworks may be persuasive, but is not necessary to the interpretation or application of this

chapter.

     (h) A political subdivision may not assert that plaintiffs have failed to comply with any

notice, exhaustion, or other procedural requirements under state law, other than the requirements

in this section, as a defense to claims brought under this section.

     (i) In any action to enforce any provision of this chapter, a prevailing plaintiff party, other

than the political subdivision, is entitled to recover all reasonable costs and fees from the defendant

party.

     (1) A plaintiff shall be deemed to have prevailed in an action when, as a result of a suit, the

defendant party yields some or all of the relief sought in the action, regardless of whether a final

judgment on the merits is entered.

     (2) If the political subdivision prevails in an action under this chapter, the court may not

award the defendant party any fees or costs unless the court finds the action to be frivolous,

unreasonable, or without foundation.

     (j) To the extent any provision of this chapter, including any legal standard, requirement,

or any part thereof, may be construed or applied in a manner that is unconstitutional or otherwise

invalid, such provision must be construed or applied in the manner that preserves its validity and is

most consistent with the purposes set forth in § 17-31-8.

     (k) Nothing contained in this chapter shall be deemed to repeal any of the provisions of

any law of this state relating to discrimination because of race or color, religion, sex, sexual

orientation, gender identity or expression, disability, age, country of ancestral origin, or marital

status.

     17-31-10. Severability.

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     This chapter is severable. If any provision of this chapter or its application to any person

or circumstance is held invalid, such invalidity must be applied as narrowly as possible and the

remaining provisions and applications must remain in effect to the fullest extent possible.

     SECTION 3. Section 17-19-24.1 of the General Laws in Chapter 17-19 entitled "Conduct

of Election and Voting Equipment, and Supplies" is hereby amended to read as follows:

     17-19-24.1. Provisional voting under the Help America Vote Act of 2002.

     (a) If an individual's name does not appear on the certified voting list as provided for in §

17-19-24(b) and the individual is eligible to vote in an election for federal office or an election

official asserts that the individual is not eligible to vote in the district in which the individual desires

to vote, then the individual shall be permitted to cast a provisional ballot as provided in Section

302 of the Help America Vote Act (P.L. 107-252) [42 U.S.C. § 15481].

     (b) Provisional ballots provided for in this section shall be cast in accordance with rules

and regulations which shall be promulgated by the state board of elections in accordance with the

Help America Vote Act (P.L. 107-252) [42 U.S.C. § 15301 et seq.].

     (c) If an individual casting the ballot is a registered voter in the city or town and precinct

in which the individual voted, a provisional ballot shall be counted as a full ballot as long as the

signature matches what is on the voter's voter record in accordance with § 17-19-24.3

     (d) If the individual is a registered voter in the city or town and proper congressional

district, but not the precinct in which the individual voted, the ballot will be counted for all federal,

state-wide, city-wide or town-wide elections and for all ballot questions as long as the signature

matches what is on the voter's voter record in accordance with § 17-19-24.3.

     (e) In all other instances, where the individual is not a registered voter in the city or town

or is in the wrong congressional district in which the individual cast their ballot, the ballot shall be

counted for all elections and ballot questions for which the person is qualified, by reason of

residency, to vote as long as the signature matches what is on the voter's voter record in accordance

with § 17-19-24.3.

     SECTION 4. This act shall take effect on January 1, 2027.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- RHODE ISLAND VOTING RIGHTS ACT

***

     This act would create the Rhode Island voting rights act to establish procedures to prevent

discrimination in the voting process.

     This act would take effect on January 1, 2027.

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