2013 -- H 5660

=======

LC01353

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTIONS

     Introduced By: Representatives Ajello, Blazejewski, Handy, Cimini, and Walsh

     Date Introduced: February 27, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 17-19-1, 17-19-3, 17-19-21, 17-19-24.1, 17-19-37.1, 17-19-39.1,

1-2

17-19-43 and 17-19-49 of the General Laws in Chapter 17-19 entitled "Conduct of Election and

1-3

Voting Equipment, and Supplies" are hereby amended to read as follows:

1-4

     17-19-1. Definitions. -- As used in this chapter, except as otherwise required by the

1-5

context:

1-6

      (1) "Computer ballot" means the paper ballot prepared by the office of the secretary of

1-7

state for use in conjunction with the optical scan precinct count system;

1-8

      (2) "Voting equipment" means an optical scan precinct count voting system, related

1-9

memory device, all related hardware and software, and voting booths;

1-10

      (3) "Warden" includes moderator; and vice versa;

1-11

      (4) "Candidate" means any individual who has qualified under law to have his or her

1-12

name appear on the ballot for nomination for election or election to office;

1-13

      (5) "Write-in candidate" means any individual receiving votes or seeking election to

1-14

office by virtue of having irregular ballots cast for him or her pursuant to section 17-19-31;

1-15

      (6) "Public office" means any state, municipal, school or district office or other position

1-16

that is filled by popular election, except political party offices which shall mean any state, city,

1-17

town, ward or representative or senatorial district committee office of a political party or delegate

1-18

to a political party convention, or any similar office; and

1-19

      (7) A "Vote" shall be any mark made with the appropriate marking device within the

1-20

optech ballot voting area between the head and tail of the arrow on the computer ballot next to the

2-1

party, candidate, write-in candidate or question, as is applicable, for whom the voter casts his or

2-2

her ballot, except as provided in section sections 17-19-37.4 or 17-20-24.

2-3

     17-19-3. Voting equipment and services -- Specifications. -- (a) The office of secretary

2-4

of state and the state board of elections shall submit specifications to the department of

2-5

administration, which the department of administration shall consult in developing a request for a

2-6

proposal, as set forth in section 17-19-2.1. These specifications must be submitted to the

2-7

department of administration within thirty (30) days of the passage of this bill. These

2-8

specifications and the request for a proposal for the options of purchasing, leasing to own or

2-9

renting an optical scan precinct count voting system, and for a full service contract for an optical

2-10

scan precinct count voting system, shall propose an optical scan precinct count system that shall

2-11

be constructed and shall operate in a manner that meets the following minimum requirements:

2-12

      (1) It shall enable the voter to:

2-13

      (i) Mark his or her ballot and cast his or her vote in secrecy;

2-14

      (ii) Vote for all candidates of political parties or organizations, and for or against

2-15

questions as submitted;

2-16

      (iii) Vote for all the candidates of one party or in part for the candidates of one or more

2-17

other parties;

2-18

      (iv) Vote for as many persons for an office as the voter is lawfully entitled to vote for,

2-19

but no more; and

2-20

      (v) Vote on any question the voter may have the right to vote on;

2-21

      (2) It shall prevent the voter from voting for the same person more than once for the

2-22

same office;

2-23

      (3) The voting equipment shall allow the voter to cast one vote, thereby allowing the

2-24

voter to vote for all the presidential electors of a party by marking one mark on the ballot, and a

2-25

ballot containing only the words "presidential electors for" preceded by the name of that party

2-26

and followed by the names of the candidates of that party for the offices of president and vice-

2-27

president; provided, that means shall be furnished by which the voter can cast a vote in part for

2-28

the candidates for presidential electors of one party, and in part for those of one or more other

2-29

parties or in part or in whole for persons not nominated by any party;

2-30

      (4) The optical scan precinct counting system shall meet the following specifications:

2-31

      (i) Vote counting, including absentee ballots, shall be performed through the use of

2-32

automated electronic equipment;

2-33

      (ii) All vote counting shall be performed on equipment supplied as part of the bid. The

2-34

system shall not require the use of non-supplied equipment to count ballots or tabulate results;

3-1

      (iii) There shall be privacy enclosures in which a voter may mark his or her ballot or

3-2

otherwise cast his or her vote in secret;

3-3

      (iv) There shall be a device located in each polling place that can record the vote count

3-4

and tally the vote count in that polling place and which can produce a printed tally of all races

3-5

contained on said ballot in human readable form. The device shall automatically print a "zero

3-6

report" at the beginning of the day when the device is activated. The device that receives ballots

3-7

for counting shall have an external counter indicating the number of ballots received. The actual

3-8

vote tally shall be capable of being performed only by election officials and shall not be visible

3-9

during the actual voting process. Each recording device shall rest on a ballot box which must

3-10

have compartments with doors that lock for security of voted ballots and ease of access;

3-11

      (v) As part of the voting process, there shall be created a physical ballot showing the

3-12

votes cast by an individual voter which is capable of being hand counted so that electronic

3-13

recorded device totals can be checked for accuracy for auditing purposes, or in the event that a

3-14

recount conducted pursuant to this chapter indicates a discrepancy in the number of votes cast in

3-15

an election or ballot question, or where necessary to ascertain voter intent as provided herein, or

3-16

to otherwise ensure implementation of a voter's exercise of his or her right to vote. The device

3-17

must be able to accept a one, two (2) or three (3) column ballot which can be printed on one or

3-18

both sides;

3-19

      (vi) There shall be a device at each polling place to receive the physical audit trail of

3-20

ballots cast and which shall securely store the ballots and have the capability of restricting access

3-21

to the ballots only to authorize officials;

3-22

      (vii) In the event of loss of electrical power, the polling place vote count shall be stored

3-23

on an ongoing basis in media which will retain the count of the votes cast to that point in time for

3-24

a period of no less than five (5) years;

3-25

      (viii) The polling place vote counts shall be stored on a stable media which may be

3-26

easily transported and which may be accessed and counted by an electronic device so that state,

3-27

city and/or town vote totals can be electronically calculated by combining individual polling

3-28

place totals. It shall not be necessary to enter individual polling place totals by and into a central

3-29

computer or device for the purpose of producing the state, city and/or town totals, but rather the

3-30

electronic media on which the polling place totals are stored shall be directly readable and

3-31

accessible by a regional or central device;

3-32

      (ix) There shall be a device which has the capability to electronically read the storage

3-33

device upon which the individual polling place totals are stored and which shall produce a

3-34

combined total for all races, which total can be printed in easily readable and legible form in a

4-1

format prescribed by the state board of elections;

4-2

      (x) The system provided shall allow the secretary of state to have the capability to design

4-3

the ballot format;

4-4

      (xi) The system shall provide a capability for the state, without the use of outside

4-5

services, to set up and prepare the counting devices to total an election; and

4-6

      (xii) The system must be capable of receiving voted ballots without counting when

4-7

without power, and must provide for securely storing uncounted ballots;

4-8

      (5) The following minimum equipment shall be required for the state:

4-9

      (i) There shall be six hundred (600) units to permit counting to be conducted in each

4-10

polling place within the state with a reserve of equipment on hand;

4-11

      (ii) There shall be sufficient voting booths to allow one voting booth for approximately

4-12

every one hundred seventy-five (175) voters as determined in this title;

4-13

      (iii) The number of polling place units and voting booths must be sufficient to permit the

4-14

election to run smoothly without excessive waiting of voters;

4-15

      (iv) If there is an increase in the number of polling places statewide during the term of

4-16

the contract, the vendor will supply additional polling place units and voting booths at a cost

4-17

proportional to the cost of the initial units pro rated for the balance of the agreement years;

4-18

      (v) (A) There shall be high speed absentee vote tabulating equipment. These tabulators

4-19

as a whole must be capable of counting a minimum of four hundred (400) absentee ballots per

4-20

minute. The tabulators shall utilize the same ballots used in the polling place;

4-21

      (B) This system shall have the following capabilities in connection with the counting of

4-22

ballots and producing results:

4-23

      (I) This system shall be able to read the media from the polling place units on which

4-24

polling place results are stored and shall be able to compile polling place results producing a

4-25

ballot total for each race; and

4-26

      (II) This system shall be capable of producing and printing out ballot totals on a polling

4-27

place by polling place basis for each race, and shall be capable of producing a final total and

4-28

subtotals of all races from all races and polling places in the state. All totals must be able to be

4-29

produced at any time based upon the number of polling places counted up to that point in time,

4-30

and these printout results shall state the number of precincts counted and the percentage of

4-31

precincts reporting;

4-32

      (vi) There shall be all equipment necessary to program the system and erase the memory

4-33

devices;

5-34

      (vii) Regional tabulating equipment shall be located in each of the thirty-nine (39) local

5-35

boards of canvassers and the central tabulation equipment shall be located at the state board of

5-36

elections. The state board of elections, thirty (30) days prior to an election, shall determine which

5-37

regional and/or central tabulation sites are to be utilized for the election. The tabulation system

5-38

shall have the following capabilities in connection with the counting of ballots and producing

5-39

results:

5-40

      (A) This system shall be able to read the media from the polling place units on which

5-41

polling place results are stored and shall be able to compile polling place results producing a

5-42

ballot total for each race;

5-43

      (B) This system shall be capable of producing and printing out ballot totals on a polling

5-44

place by polling place basis for each race and shall be capable of producing a final total and

5-45

subtotal of all races from all races and polling places in the state;

5-46

      (C) All totals must be able to be produced at any time based upon the number of polling

5-47

places counted up to that point in time, and the printout results shall state the number of precincts

5-48

counted and the percentage of precincts reporting; and

5-49

      (D) This system shall be capable of transferring information gathered at each regional

5-50

site to the central site, and shall also be capable of transferring information gathered at the central

5-51

site to a specific regional site;

5-52

      (6) All necessary programming and accumulation software shall be provided to run the

5-53

election system in accordance with the required specifications as well as all necessary and

5-54

required modules. Any software updates during the term of the agreement shall not be charged to

5-55

the state;

5-56

      (7) The vendor of the optical scan precinct count system shall provide written proof of

5-57

compliance with Federal Election Commission standards from an independent testing company

5-58

and this written proof must be on file with the office of the secretary of state and the state board

5-59

of elections;

5-60

      (8) The vendor shall also provide the following information to be included in the

5-61

vendor's bid proposal:

5-62

      (i) (A) An audited financial statement covering the previous five (5) years, and if the

5-63

vendor is not the manufacturer of the equipment, both the agent and manufacturer must submit an

5-64

audited financial statement covering the previous five (5) years with the bid;

5-65

      (B) In the event that either the vendor, agent, or manufacturer has been in existence for

5-66

less than five (5) years, that entity must submit an audited financial statement for each and every

5-67

full year that they have been in existence;

6-68

      (ii) Proof of experience in the field of elections including, but not limited to, years of

6-69

experience in this field, and experience with a jurisdiction having the same needs as the state of

6-70

Rhode Island; and

6-71

      (iii) Names and addresses of the support organizations that will provide support of all

6-72

equipment.

6-73

      (b) The full service plan shall include the following services, but, at the discretion of the

6-74

department of administration, shall not be limited to the following services:

6-75

      (1) Computer coding and layout of all ballots to be used in each election under contract

6-76

in conjunction with the office of the secretary of state, including the printing of the ballot and the

6-77

preparation of the device to ensure that the ballots are compatible with the device. Subsequent

6-78

thereto, the state board of elections shall be responsible for the following:

6-79

      (2) Testing of each unit for logic and accuracy;

6-80

      (3) Testing of each programmed memory cartridge;

6-81

      (4) Set up of each optical scan precinct count unit at each polling place;

6-82

      (5) Maintenance of all optical precinct count units;

6-83

      (6) Training of poll workers;

6-84

      (7) On-site election night staff at the central tabulation location and any other locations

6-85

as may be determined by the state board to receive and transmit election results;

6-86

      (8) On-site election day field technicians to respond to repair calls;

6-87

      (9) Providing the following equipment and supplies:

6-88

      (i) Secrecy covers for voted ballots;

6-89

      (ii) Demonstration ballots;

6-90

      (iii) Precision cut shell program ballots ready for printing with timing marks;

6-91

      (iv) Marking pens;

6-92

      (v) Ballot transfer cases;

6-93

      (vi) Envelopes for mailing and receiving absentee ballots; and

6-94

      (vii) Printer ribbons, paper tape rolls and seals.

6-95

      (c) Any bid specifications for an optical scan precinct count system and a full service

6-96

agreement for an optical scan precinct count system that do not conform in all respects to the

6-97

requirements of subdivisions (a)(1) -- (b)(9)(vii) of this section shall not be submitted to the

6-98

office of the department of administration; provided, that the director of administration may

6-99

waive any one of the requirements with respect to the full service agreement portion of the bid,

6-100

after consultation with the chairperson of the state board of elections and the secretary of state, in

6-101

order to preserve an otherwise acceptable bid.

7-102

      (d) Upon expiration of the initial full service agreement as set forth in the provisions of

7-103

section 17-19-2.1, the state board shall conduct a review of the election system, provide a report

7-104

to the general assembly and shall subsequently assume responsibility for establishing minimum

7-105

requirements and specifications for the procurement of voting equipment and services.

7-106

     (e) The board of elections shall specify, by promulgated regulation, all programming

7-107

standards of the voting equipment that relate to the equipment's acceptance or rejection of ballots,

7-108

or of particular votes on a ballot, due to overvoting, undervoting, or any other reason.

7-109

     17-19-21. Arrangement of polling places -- Election officials -- Police officers. -- (a)

7-110

The polling places shall be established, equipped, and furnished with the paraphernalia necessary

7-111

for the conduct of each election, by the officers and in the manner provided by this title. There

7-112

shall be placed, outside each polling place, a clearly marked sign to be provided by the state

7-113

board of elections indicating the location of the polling place. This sign shall be of a conspicuous

7-114

nature, and shall be visible from the street. The area within which the balloting is conducted shall

7-115

be arranged with a guard rail having one place for entrance and another place for exit. The rail

7-116

shall be placed so that only persons admitted inside the rail can approach within five (5) feet of

7-117

any voting booth or optical scan precinct count unit. The voting booths and optical scan precinct

7-118

count unit shall be placed so that the warden and the clerk shall always have a clear view of the

7-119

front of each voting booth and the optical scan unit. It shall be the duty of the warden to direct the

7-120

location of the voting equipment in relation to the guard rail and the posts of the warden and the

7-121

clerk so as to enforce the requirements of this section.

7-122

      (b) One bipartisan pair of supervisors, the clerk, and the warden shall be stationed, in

7-123

that order, along the guard rail so that a voter desiring to cast a ballot will pass first in front of the

7-124

bipartisan pair, then in front of the clerk, and finally in front of the warden. A second bipartisan

7-125

pair shall be stationed within the guard rail and shall be available to relieve the first bipartisan

7-126

pair or the clerk, and to assist voters within the limits prescribed by this title. The second

7-127

bipartisan pair, when not engaged in the preceding duties, shall watch the voters in and about the

7-128

voting equipment and shall call to the attention of the warden any violation, or circumstance

7-129

suggesting a violation, of the provisions of this title.

7-130

      (c) The chiefs of police of cities and towns, and town sergeants of towns having no chief

7-131

of police, shall detail a certain number of police officers to each polling place as may be

7-132

requested by the local board. The police officers shall preserve order at each polling place and

7-133

within two hundred (200) feet of the polling place. It shall be the duty of every police officer or

7-134

other peace officer or constable to arrest without warrant any person detected in the act of

7-135

violating the provisions of this chapter, but no arrest shall be made without the approval of the

7-136

warden.

8-1

      (d) The election officials provided in subsections (a) and (b) of this section shall be

8-2

provided with, and shall be required to prominently display upon their persons, identification

8-3

badges which shall designate that person as an election official. Powers and duties of all

8-4

designated election officials at polls shall be posted in a conspicuous and prominent location

8-5

within the voting place, preferably with the posted sample ballot.

8-6

     (e) Any person may enter a polling place to observe its operation and take notes, provided

8-7

that the person does not disturb the conduct of the voting process or engage in electioneering

8-8

activity otherwise prohibited by this title.

8-9

     17-19-24.1. Provisional voting under the Help America Vote Act of 2002. -- (a) If an

8-10

individual's name does not appear on the certified voting list as provided for in section 17-19-

8-11

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

8-12

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

8-13

vote, then the individual shall be permitted to cast a provisional ballot as provided in Section 302

8-14

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

8-15

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

8-16

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

8-17

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

8-18

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

8-19

which he or she voted, a provisional ballot shall be counted as a full ballot.

8-20

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

8-21

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

8-22

state-wide, city-wide or town-wide elections and for all ballot questions.

8-23

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

8-24

is in the wrong congressional district in which the individual cast his/her ballot, the ballot shall be

8-25

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

8-26

residency, to vote.

8-27

     (f) To the extent not prohibited by federal law:

8-28

     (1) The name, designation of party affiliation, street address, city or town, and previous

8-29

name and address of an applicant for a provisional ballot, the reason for the provisional ballot,

8-30

and the disposition of the provisional ballot shall be public; and

8-31

     (2) The determination process for the disposition of a provisional ballot shall be

8-32

conducted in public.

8-33

9-34

     (g) Any person who is given a provisional ballot because he or she is a first-time voter

9-35

who directly registered by mail and failed to provide the identifying information required by the

9-36

Help America Vote Act at the time of registration or prior to his or her vote shall have forty-eight

9-37

(48) hours from the close of the polls to provide the necessary identification in order to have his

9-38

or her vote counted.

9-39

     (h) Between fifteen (15) and forty (40) days before a statewide election, the board shall

9-40

send a written notice by first-class mail to every mail registrant who failed to provide the

9-41

identifying information required by the Help America Vote Act at the time of registration or prior

9-42

to his or her vote. The notice shall inform the registrant of his or her need to provide

9-43

identification in order to have his or her vote counted, and describe the types of identification that

9-44

are acceptable. The notice shall be written in such a manner as to ensure ease of comprehension

9-45

by the recipients.

9-46

     17-19-37.1. Recount eligibility -- Candidates for public office. -- A candidate for

9-47

election or nomination for election to public office shall be eligible to request a recount of the

9-48

votes cast in his or her race pursuant to the following:

9-49

      (1) In those races in which a single candidate is elected a candidate who trails the

9-50

winning candidate may request a recount of the votes cast at each precinct by a manual re-feeding

9-51

of the computer ballots cast in said race into the optical scan voting equipment provided that the

9-52

candidate shall trail the winning candidate by less than the following number of votes:

9-53

      (a) In those races where the number of votes cast is less than or equal to twenty thousand

9-54

(20,000) the candidate requesting the recount shall trail the winning candidate by two percent

9-55

(2%) or two hundred (200) votes, whichever is less; in those races where the number of votes cast

9-56

is between twenty thousand one (20,001) and one hundred thousand (100,000) the candidate

9-57

requesting the recount shall trail the winning candidate by one percent (1%) or five hundred (500)

9-58

votes, whichever is less; and, in those races where more than one hundred thousand (100,000)

9-59

votes are cast the candidate requesting the recount shall trail the winning candidate by one-half of

9-60

one percent (1/2%) or one thousand five hundred (1,500) votes, whichever is less.

9-61

      (b) For the purpose of determining recount eligibility, as prescribed in subsections (1)(a)

9-62

and (3) of this section, the number of votes cast in a race shall include the votes cast for

9-63

candidates and irregular ballots cast pursuant to section 17-19-31.

9-64

      (2) In those races in which more than one candidate is elected a candidate who trails the

9-65

winning candidate may request a recount of the votes cast at each precinct by a manual re-feeding

9-66

of the computer ballots cast in said race into the optical scan voting equipment provided that the

9-67

candidate shall trail the winning candidate by less than the following number of votes:

10-68

      (a) In those races where the number of votes cast is less than or equal to five thousand

10-69

(5,000) the candidate requesting the recount shall trail the winning candidate by two percent (2%)

10-70

or fifty (50) votes, whichever is less; in those races where the number of votes cast is between

10-71

five thousand one (5,001) and twenty thousand (20,000) the candidate requesting the recount

10-72

shall trail the winning candidate by one percent (1%) or one hundred (100) votes, whichever is

10-73

less; and in those races where more than twenty thousand (20,000) votes are cast the candidate

10-74

requesting the recount shall trail the winning candidate by one-half of one percent (1/2%) or one

10-75

hundred fifty (150) votes, whichever is less.

10-76

      (b) For the purpose of determining recount eligibility, as prescribed in subsections (2)(a)

10-77

and (3) of this section, the total number of votes cast in a race shall be determined by dividing the

10-78

total number of votes eligible to be cast in the race by the number of candidates for whom each

10-79

voter was eligible to cast votes.

10-80

      (3) Notwithstanding the requirements of subsections (1)(a) and (2)(a) of this section, a

10-81

candidate who trails the winning candidate by five percent (5%) or less, but more than the

10-82

minimum percentage or number of votes as required in subsections (1)(a) or (2)(a) of this section,

10-83

as applicable, may petition the state board to conduct a recount of the votes cast at each precinct

10-84

by re-reading the programmed memory device or devices and comparing the results and totals

10-85

obtained at such recount with the results and totals obtained on election night. If, after said

10-86

recount, a candidate shall trail the winning candidate by less than the number of votes prescribed

10-87

in subsection (1)(a) or (2)(a) of this section, as the case may be, the candidate may request a

10-88

recount of the votes cast at each precinct to subsection (1)(a) or (2)(a) of this section, as is

10-89

applicable.

10-90

     (4) Marked ballots, including those returned by the optical scan machine as programmed

10-91

in accordance with this section, shall be available for inspection and copying by any person,

10-92

subject to reasonable security procedures.

10-93

     (5) Nothing contained herein shall be construed to bar or prevent the manual recount of

10-94

ballots upon request of an individual eligible to request a vote recount pursuant to this section.

10-95

     The state board shall have the authority to adopt rules and regulations to implement and

10-96

administer the provisions of this section.

10-97

     17-19-39.1. Voted ballot storage and security. -- Voted computer ballots that were

10-98

counted at the state board shall be stored in containers by the state board until the expiration of

10-99

twenty-two (22) months from the date of election and the final result of any disputed results in

10-100

that election and voted computer ballots that were voted and packaged at a local precinct or

10-101

counted at the local board shall be held and stored in containers by the local board in accordance

10-102

with the regulations promulgated by the state board until the expiration of twenty-two (22)

11-1

months from the date of election and the final result of any disputed results in that office. The

11-2

voted ballots shall remain stored in the appropriate containers, but shall be available for

11-3

inspection and copying by any person subject to reasonable security procedures unless ordered to

11-4

be opened by the state board or a court of law. The computer file containing ballot layout

11-5

information and candidate totals shall be transferred to a disk and retained permanently.

11-6

      Notwithstanding the requirements of this section, the state board shall have the authority

11-7

to examine and inspect the voted ballots subsequent to the certification of an election and the final

11-8

resolution of any disputed results in that election.

11-9

     17-19-43. Tampering with sample ballot. -- Every person who willfully and without

11-10

lawful authority and the final resolution of any disputed destroys, secretes, removes, defaces,

11-11

alters, tampers, or meddles with a sample ballot posted at the polling place, shall be guilty of a

11-12

felony.

11-13

     17-19-49. Political literature and influence. -- No poster, paper, circular, or other

11-14

document designed or tending to aid, injure, or defeat any candidate for public office or any

11-15

political party on any question submitted to the voters shall be distributed or displayed within the

11-16

voting place or within fifty (50) feet of the entrance or entrances to the building in which voting is

11-17

conducted at any primary or election. Neither shall any election official No voter other than a

11-18

voter in the process of casting his or her own vote may display on his or her person within the

11-19

voting place any political party button, badge, or other device election paraphernalia tending to

11-20

aid, injure, or defeat the candidacy of any person for public office or any question submitted to

11-21

the voters or to intimidate or influence the voters.

11-22

     SECTION 2. Chapter 17-19 of the General Laws entitled "Conduct of Election and

11-23

Voting Equipment, and Supplies" is hereby amended by adding thereto the following section:

11-24

     17-19-37.4. Irregularities not impairing validity of ballots. -- (a) No ballot returned by

11-25

the optical scan machine pursuant to a recount under sections 37.1 through 37.3 of this chapter

11-26

shall be rejected for any immaterial addition, omission, or irregularity in the preparation or

11-27

execution of the computer ballot. No ballot shall be invalid by reason of mistake or omission in

11-28

writing in the name of any candidate where the candidate intended by the voter is plainly

11-29

identifiable. Where, because of any defect in marking, a ballot is held invalid as to any particular

11-30

candidate for office, it shall remain valid as to the candidates for other offices. No defect in the

11-31

marking of the appropriate space associated with casting a vote shall invalidate any ballot or a

11-32

vote for any candidate, where the intention of the voter is clearly indicated.

11-33

     SECTION 3. Section 17-22-5.2 of the General Laws in Chapter 17-22 entitled

11-34

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

12-1

     17-22-5.2. Certificates of local elections -- Statement to secretary of state. -- The local

12-2

board shall immediately, after the result has been ascertained, furnish to the secretary of state a

12-3

statement of the number of votes cast in the city or town for each candidate, the total number of

12-4

votes cast in the city or town for and against any proposed amendment to a charter or question,

12-5

and the names of the respective candidates elected and the offices to which they have been

12-6

respectively elected.

12-7

     Nothing contained herein shall be construed to affect the certification provisions

12-8

established by section 17-19-36.

12-9

     SECTION 4. Section 17-18-11 of the General Laws in Chapter 17-18 entitled "Elective

12-10

Meetings" is hereby amended to read as follows:

12-11

     17-18-11. Time of closing of polls. -- Elective meetings in all cities and towns shall be

12-12

continuously kept open for voting until 8 p.m.; provided, that any qualified voter who is within

12-13

the building at the polling location in which the elective meeting is being conducted and is

12-14

waiting in line to vote at 8 p.m. shall be entitled to cast his or her vote. When all persons entitled

12-15

to vote have been afforded a reasonable opportunity to do so, the polls shall be closed.

12-16

     SECTION 5. Section 42-35-18 of the General Laws in Chapter 42-35 entitled

12-17

"Administrative Procedures" is hereby amended to read as follows:

12-18

     42-35-18. Effective date of chapter -- Scope of application and exemptions. -- (a) This

12-19

chapter shall take effect upon January 1, 1964, and thereupon all acts and parts of acts

12-20

inconsistent herewith shall stand repealed; provided, however, that except as to proceedings

12-21

pending on June 30, 1963, this chapter shall apply to all agencies and agency proceedings not

12-22

expressly exempted.

12-23

      (b) None of the provisions of this chapter shall apply to the following sections and

12-24

chapters:

12-25

      (1) Section 16-32-10 (University of Rhode Island);

12-26

      (2) Chapter 41 of title 16 (New England Higher Education Compact);

12-27

      (3) Section 16-33-6 (Rhode Island College);

12-28

      (4) Chapter 16 of title 23 (Health Facilities Construction Act);

12-29

      (5) Chapter 8 of title 20 (Atlantic States Marine Fisheries Compact);

12-30

      (6) Chapter 38 of title 28 (Dr. John E. Donley Rehabilitation Center);

12-31

      (7) Chapter 7 of title 17 (State Board of Elections) Chapter 7 of title 17 (Board of

12-32

Elections);

12-33

      (8) Chapter 16 of title 8 (Judicial Tenure and Discipline);

13-34

      (9) Chapter 61 of title 42 (State Lottery);

13-35

      (10) Chapter 24.4 of title 45 (Special Development Districts);

13-36

      (11) Chapter 12 of title 35 (The University of Rhode Island Research Corporation).

13-37

      (c) The provisions of sections 42-35-9, 42-35-10, 42-35-11, 42-35-12 and 42-35-13 shall

13-38

not apply to:

13-39

      (1) Any and all acts, decisions, findings, or determinations by the board of review of the

13-40

department of labor and training or the director of the department of labor and training or his, her,

13-41

its or their duly authorized agents and to any and all procedures or hearings before and by the

13-42

director or board of review of the department of labor and training or his or her agents under the

13-43

provisions of chapters 39 -- 44 of title 28.

13-44

      (2) Section 28-5-17 (Conciliation of charges of unlawful practices).

13-45

      (3) Chapter 8 of title 13 (Parole).

13-46

      (4) Any and all acts, decisions, findings or determinations by the administrator of the

13-47

division of motor vehicles or his or her duly authorized agent and to any and all procedures or

13-48

hearings before and by said administrator or his or her said agent under the provisions of chapters

13-49

10, 11, 31 to 33, inclusive, of title 31.

13-50

      (5) Procedures of the board of examiners of hoisting engineers under chapter 26 of title

13-51

28.

13-52

      (6) Any and all acts, decisions, findings, or determinations made under authority from

13-53

the provisions of chapters 29 -- 38 of title 28, concerning workers' compensation administration,

13-54

procedure and benefits.

13-55

     SECTION 6. Chapter 17-19 of the General Laws entitled "Conduct of Election and

13-56

Voting Equipment, and Supplies" is hereby amended by adding thereto the following section:

13-57

     17-19-37.4. Risk-limiting audit pilot program. -- (a) The board of elections shall

13-58

establish a risk-limiting audit pilot program in five (5) or more cities and towns to improve the

13-59

accuracy of, and public confidence in, election results. The board is encouraged to include urban

13-60

and rural cities and towns.

13-61

     (b) The pilot program shall be conducted as follows:

13-62

     (1) During the year 2014, each city or town that participates in the pilot program shall

13-63

conduct a risk-limiting audit of one or more contests after each election in that jurisdiction.

13-64

     (2) A local canvassing authority conducting an audit pursuant to this section shall do all

13-65

of the following:

13-66

     (i) Provide at least a five (5) day public notice of the time and place of the random

13-67

selection of the audit units to be manually tallied and of the time and place of the audit;

14-68

     (ii) Make available to the public a report of the optical scan voting system results for the

14-69

contest, including the results for each audit unit in the contest, prior to the random selection of

14-70

audit units to be manually tallied and prior to the commencement of the audit;

14-71

     (iii) Conduct the audit upon tabulation of the town election results as provided in section

14-72

17-19-36 and complete the audit within seven (7) days after the election; and

14-73

     (iv) Conduct the audit in public view by hand.

14-74

     (3) On or before April 1, 2015, the state board of elections shall report to the general

14-75

assembly on the effectiveness and efficiency of risk-limiting audits conducted pursuant to this

14-76

section. The report shall include an analysis of the efficiency of risk-limiting audits, including the

14-77

costs of performing the audits.

14-78

     (4) An audit shall not be conducted pursuant to this section with respect to a state or

14-79

multijurisdictional contest unless all of the cities and towns involved in the contest choose to

14-80

participate in the pilot program authorized by this section.

14-81

     (c) For purposes of this section, the following terms have the following meanings:

14-82

     (1) "Audit unit" means a precinct, a set of ballots, or a single ballot. A precinct, a set of

14-83

ballots, or a single ballot may be used as an audit unit for purposes of this section only if all of the

14-84

following conditions are satisfied:

14-85

     (i) The relevant optical scan tabulating device is able to produce a report of the votes cast

14-86

in the precinct, set of ballots, or single ballot.

14-87

     (ii) The elections official is able to match the report described in paragraph (i) with the

14-88

ballots corresponding to the report for purposes of conducting an audit pursuant to this section.

14-89

     (iii) Each ballot is assigned to not more than one audit unit.

14-90

     (2) "Contest" means an election for an office or upon a ballot question.

14-91

     (3) "Risk-limiting audit" means a manual tally of cast ballots employing a statistical

14-92

method that ensures a large, predetermined minimum chance of requiring a full manual tally

14-93

whenever a full manual tally would show an electoral outcome that differs from the outcome

14-94

reported by the vote tabulating device for the audited contest. A risk-limiting audit shall begin

14-95

with a hand tally of the votes in one or more audit units and shall continue to hand tally votes in

14-96

additional audit units until there is strong statistical evidence that the electoral outcome is correct.

14-97

In the event that counting additional audit units does not provide strong statistical evidence that

14-98

the electoral outcome is correct, the audit shall continue until there has been a full manual tally to

14-99

determine the correct electoral outcome of the audited contest.

14-101

SECTION 7. This act shall take effect upon passage.

=======

LC01353

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTIONS

***

16-1

     This act would make extensive changes to the elections laws, including the definition of

16-2

what a vote is, and would allow a voter to take or use election paraphernalia into a polling place.

16-3

It would also make the board of elections subject to the Administrative Procedures Act.

16-4

     This act would take effect upon passage.

=======

LC01353

=======