2014 -- S 2091 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTIONS

     Introduced By: Senators Bates, Hodgson, Algiere, Cote, and Lombardo

     Date Introduced: January 21, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

read as follows:

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

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

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

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

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

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

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

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

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

      (1) It shall enable the voter to:

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

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

questions as submitted;

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

other parties;

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

for, but no more; and

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

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

same office;

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

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

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

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

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

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

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

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

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

automated electronic equipment;

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

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

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

otherwise cast his or her vote in secret;

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

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

races contained on said ballot in human, readable form. The device shall automatically print a

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

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

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

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

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

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

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

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

(2) or three (3) one (1)-two (2)-or three (3)-column ballot which that can be printed on one or

both sides;

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

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

access 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

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

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

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

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

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

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

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

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

and accessible by a regional or central device;

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

storage device upon which the individual polling place totals are stored and which that shall

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

form in a format prescribed by the state board of elections;

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

the ballot format;

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

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

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

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

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

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

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

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

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

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

election to run smoothly without excessive waiting of voters;

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

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

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

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

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

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

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

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ballots and producing results:

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

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

ballot total for each race; and

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

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

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

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

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

precincts reporting;

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

devices;

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

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

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

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

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

results:

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

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

ballot total for each race;

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

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

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

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

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

counted and the percentage of precincts reporting; and

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

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

site to a specific, regional site;

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

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

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

the state;

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

compliance with Federal Election Commission standards from an independent testing company

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

of elections;

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

vendor's bid proposal:

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

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

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

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

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

full year that they have been in existence;

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

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

Rhode Island; and

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

equipment.

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

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

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

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

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

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

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

      (3) Testing of each programmed memory cartridge;

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

      (5) Maintenance of all optical precinct count units;

      (6) Training of poll workers;

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

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

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

      (9) Providing the following equipment and supplies:

      (i) Secrecy covers for voted ballots;

      (ii) Demonstration ballots;

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

      (iv) Marking pens;

      (v) Ballot transfer cases;

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

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

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

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

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

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

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

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

order to preserve an otherwise acceptable bid.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

shall be furnished for each voting place.

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

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

     17-19-10.1. Training and Community Outreach. – In furtherance of the termination of

the option of straight party voting by means of a single mark in non-primary elections, the

secretary of state shall, no later than thirty (30) days after the effective date of this section,

conduct appropriate training and consultations with the state board of elections and local boards

of canvassers as he or she may deem necessary in order for the proper administration of voting in

the absence of the option of straight-party voting by means of a single mark. The secretary of

state shall also conduct community outreach programs throughout the state, including, without

limitation, the distribution of applicable materials to state and local libraries, in order to educate

the public, including the elderly, with respect to the foregoing.

     SECTION 3. Section 17-19-15 of the General Laws in Chapter 17-19 entitled "Conduct

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

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

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

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

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

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

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

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

for that office.

     SECTION 4. Section 17-20-23 of the General Laws in Chapter 17-20 entitled "Mail

Ballots" is hereby amended to read as follows:

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

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

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

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

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

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

office.

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

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.

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

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

desires to give.

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

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

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

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

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

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

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

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

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

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

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

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

chapter.

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

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

31 and 17-20-24.

     SECTION 5. This act shall take effect January 1, 2015.

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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

non-primary elections. This act would also require the secretary of state to conduct appropriate

training and community outreach with respect to the foregoing.

     This act would take effect January 1, 2015.

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