2012 -- H 7288

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LC00153

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO ELECTIONS - IRREGULAR BALLOTS

     Introduced By: Representatives Carnevale, Medina, DeSimone, Ucci, and Williams

     Date Introduced: January 31, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-19-31 of the General Laws in Chapter 17-19 entitled "Conduct

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

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     17-19-31. Irregular ballots. -- Ballots voted for any person whose name does not appear

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on the ballot as a nominated candidate for office are referred to in this section as "irregular

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ballots". In voting for presidential electors, a voter may vote an irregular ticket made up of the

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names of persons in nomination by different parties, or partly of names of persons in nomination

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and partly of names of persons not in nomination, or wholly of names of persons not in

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nomination by any party. The computer ballot containing the irregular ballot shall be deposited in

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the optical scan precinct count unit. With that exception, no irregular ballot shall be voted for any

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person for any office whose name appears on the ballot as a nominated candidate for that office;

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any irregular ballot so voted shall not be counted. An irregular ballot must be cast in its

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appropriate place on the ballot, or it shall be void and not counted and no irregular ballots shall be

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counted at primaries; provided, that at any presidential primary, irregular ballots shall be counted

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for those persons whose names have been written in for the office of president. At the close of the

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polls, irregular ballots shall be packaged according to section 17-19-33 and shall be immediately

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delivered to the local board of canvassers, who shall count and record irregular ballots only in

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those races where the irregular ballot totals shall be ten percent (10%) or more of the winning

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candidate(s). The local board shall remain in session on election night to receive the ballots, to

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open the package labeled as containing write-in votes, and to count and record all write-in votes

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cast for all federal, state and local races listed on the ballot which meet the ten percent (10%). The

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local board shall immediately notify the state board of the results through a procedure

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promulgated by the state board.

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     SECTION 2. Section 17-22-7 of the General Laws in Chapter 17-22 entitled "Tabulation

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and Certification of Returns by State Board" is hereby amended to read as follows:

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     17-22-7. Books of record of votes -- Contents. -- (a) The board shall keep separate

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books of record of the votes cast for the different classes of officers which it is its duty to count,

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canvass, and tabulate, as follows:

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      (1) A book of record of votes cast for electors of president and vice-president;

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      (2) A book of record of votes cast for senators and representatives in congress;

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      (3) A book of record of votes cast for general officers; and

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      (4) A book of record of the votes cast for each class of officers that may by law

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subsequently be required to be counted, canvassed, and tabulated by the board.

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      (b) Each of the respective books shall contain:

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      (1) A record of the number of votes cast in each voting district for each candidate

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according to the counting, canvassing, and tabulating of the board;

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      (2) The number cast in each voting district for each candidate according to the

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certificates of the moderators or wardens and clerks;

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      (3) The total number cast for each candidate in each town and city according to the

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counting and to the certificates;

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      (4) The total number cast for each candidate in the state or congressional district, as the

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case may be, according to the counting and the certificates;

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      (5) A statement of which candidates are elected; and

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      (6) Any other pertinent facts that the board deems proper.

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      (c) The board shall also keep a book of record of the votes cast for and against any

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proposition of amendment of the Constitution and a book of record of the votes cast for and

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against all questions submitted to the electors of the state, with like detail as provided in this

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section in relation to votes cast for officers.

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      (d) Notwithstanding the above, the state board shall report all write-in votes received by

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persons, not otherwise qualifying to appear on the ballot and receiving less than five (5) votes

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more than ten percent (10%) of the winning candidate votes cast in a race. , as a composite total

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of all write-in votes cast for said office.

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     SECTION 3. This act shall take effect upon passage.

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LC00153

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS - IRREGULAR BALLOTS

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     This act would require all local boards of canvassers to count and record all irregular

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ballots cast for an individual race unless the total number of those write in ballots cast for that

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race is less than ten percent (10%) of the total votes cast for the winning candidate(s).

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     This act would take effect upon passage.

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LC00153

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