2013 -- S 0653

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LC01173

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTIONS

     Introduced By: Senators Walaska, and Bates

     Date Introduced: March 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 17-19-3, 17-19-9 and 17-19-10 of the General Laws in Chapter 17-

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19 entitled "Conduct of Election and Voting Equipment, and Supplies" are hereby amended to

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read as follows:

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

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

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

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

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

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

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

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

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

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      (1) It shall enable the voter to:

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

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

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questions as submitted;

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

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other parties;

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

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for, but no more; and

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

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

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same office;

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

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

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

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

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

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

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

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

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

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automated electronic equipment;

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

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

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

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otherwise cast his or her vote in secret;

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

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

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

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

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

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

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

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

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

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

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recorded device totals can be checked for accuracy. The device must be able to accept a one, two

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(2) or three (3) column ballot which can be printed on one or both sides;

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

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

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to the ballots only to authorize officials;

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

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

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

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

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

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

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

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

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

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accessible by a regional or central device;

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

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

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

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format prescribed by the state board of elections;

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

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the ballot format;

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

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

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

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

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

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

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

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

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

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

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election to run smoothly without excessive waiting of voters;

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

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

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

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

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

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

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

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ballots and producing results:

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

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

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ballot total for each race; and

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

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

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

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

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

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precincts reporting;

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

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devices;

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

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

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

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

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

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results:

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

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

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ballot total for each race;

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

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

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

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

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

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counted and the percentage of precincts reporting; and

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

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

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site to a specific regional site;

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

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

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

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the state;

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

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compliance with Federal Election Commission standards from an independent testing company

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

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of elections;

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

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vendor's bid proposal:

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

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

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

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

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

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full year that they have been in existence;

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

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

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Rhode Island; and

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

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equipment.

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

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

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

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

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

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

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

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      (3) Testing of each programmed memory cartridge;

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

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      (5) Maintenance of all optical precinct count units;

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      (6) Training of poll workers;

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

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

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

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      (9) Providing the following equipment and supplies:

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      (i) Secrecy covers for voted ballots;

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      (ii) Demonstration ballots;

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

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      (iv) Marking pens;

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      (v) Ballot transfer cases;

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

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

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

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

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

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

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

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

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order to preserve an otherwise acceptable bid.

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

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

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

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

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     17-19-9. Party emblems. -- In the preparation of all ballots, sample ballots, mail ballots,

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and war ballots to be used at any election other than a primary election, the secretary of state shall

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cause to be printed next to the name of each "political party", as defined in this title, listed in the

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straight party vote section of the computer ballot, the emblem of the political party. The emblem

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of the democratic party shall be the representation of a star. The emblem of the republican party

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shall be the representation of an eagle. The emblem of any political organization qualifying as a

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"political party", as defined in this title, shall be selected by the state chairperson of the party;

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provided, that the emblem shall be entirely different for each political party, and may be any

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appropriate symbol, but neither the coat of arms or seal of any state or of the United States, the

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national or state flag, any religious emblem or symbol, the seal of any society, the portrait or

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likeness of any person, or the representation of a coin or of the currency of the United States,

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shall be chosen as an emblem. Whenever any emblem has been selected and used upon official

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ballots for any political party, it shall not thereafter be used for any other political party.

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     17-19-10. Sample ballots -- Contents -- Distribution. -- The secretary of state shall

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prepare a sample ballot, which shall be a copy of the computer ballot to be used. The sample

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ballot shall clearly and briefly explain and illustrate the manner of casting a vote, of voting a

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straight party ticket, of voting for candidates individually, and of voting upon questions. The

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secretary of state shall furnish a reasonable supply of sample ballots to the state board of

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elections, for public distribution upon request; and no fewer than three (3) of the sample ballots

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shall be furnished for each voting place.

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     SECTION 2. Section 17-19-15 of the General Laws in Chapter 17-19 entitled "Conduct

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of Election and Voting Equipment, and Supplies" is hereby repealed.

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     17-19-15. Party levers. -- In the preparation of the voting equipment for use in any

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election, excluding a primary election, the board of elections shall confirm that the voting

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equipment is programmed to permit any voter to vote for all candidates of one of the respective

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parties by means of a single mark on the computer ballot. The voting equipment shall also permit

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the voter casting a straight party vote to individually vote for candidates, and in doing so, the

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straight party vote will not be counted for that office, and the individual vote, or votes in the case

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where more than one candidate will be elected for an office, will override the straight party vote

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for that office.

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     SECTION 3. Section 17-20-23 of the General Laws in Chapter 17-20 entitled "Mail

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Ballots" is hereby amended to read as follows:

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     17-20-23. Marking and certification of ballot. -- (a) A voter desiring to vote for all

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candidates of one political party for national and state, or city or town, offices, shall fill in the

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appropriate space next to the designation of that party upon the appropriate ballot. A voter casting

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a straight party vote may also individually vote for candidates and, in doing so, the straight party

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vote will not be counted for that office and the individual vote, or votes in the case where more

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than one candidate will be elected for an office, will override the straight party vote for that

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office.

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      (b)(a) A voter may omit to mark as provided in subsection (a) of this section and may

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vote for the candidates of the voter's choice by making a mark in the space provided opposite

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their respective names.

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      (c)(b) In case a voter desires to vote upon a question submitted to the vote of the electors

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of the state, the voter shall mark in the appropriate space associated with the answer that the voter

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desires to give.

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      (d)(c) Voters receiving a mail ballot pursuant to subdivisions 17-20-2(1), (2), and (4)

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shall mark the ballot in the presence of two (2) witnesses or some officer authorized by the law of

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the place where marked to administer oaths. Voters receiving a mail ballot pursuant to

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subdivision 17-20-2(3) do not need to have their ballot witnessed or notarized. Except as

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otherwise provided for by this chapter, the voter shall not allow the official or witnesses to see

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how he or she marks the ballot and the official or witnesses shall hold no communication with the

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voter, nor the voter with the official or witnesses, as to how the voter is to vote. Thereafter, the

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voter shall enclose and seal the ballot in the envelope provided for it. The voter shall then execute

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before the official or witnesses the certification on the envelope. The voter shall then enclose and

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seal the certified envelope with the ballot in the envelope addressed to the state board and cause

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the envelope to be delivered to the state board on or before election day.

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      (e)(d) These ballots shall be counted only if received within the time limited by this

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chapter.

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      (f)(e) There shall be a space provided on the general election ballot to allow the voter to

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write in the names of persons not in nomination by any party as provided for in sections 17-19-31

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and 17-20-24.

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     SECTION 4. This act shall take effect upon passage.

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LC01173

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTIONS

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     This act would delete the option of straight-party voting by means of a single mark in

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non-primary elections.

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     This act would take effect upon passage.

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LC01173

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