2014 -- S 2237

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LC003530

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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 - ELECTIVE MEETINGS

     Introduced By: Senators Lynch, Gallo, and Doyle

     Date Introduced: January 30, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 17-18 of the General Laws entitled "Elective Meetings" is hereby

amended by adding thereto the following section:

     17-18-10.1. In-person early voting. -- (a) In-person early voting shall be made available

to any registered and eligible elector for all elections, except that in-person early voting shall not

be made available for special elections.

     (b) In-person early voting shall begin on the twenty-first (21st) day before a general

election and end on, and include, the Saturday before a scheduled general election. In-person

early voting shall begin on the thirteenth (13th) day before a primary election and end on, and

include, the Saturday before a scheduled primary election.

     (c) During the in-person early voting period as set forth in subsection (b) above, in-

person early voting shall take place at locations to be determined by each local board and

approved by the state board. Adequate notice shall be posted at each local board’s office

informing the public of the locations where in-person early voting is being conducted. Said notice

shall be posted at least seven (7) days prior to the beginning of the in-person early voting period

and shall be filed electronically with the secretary of state in accordance with § 42-46-6(f). In-

person early voting shall take place during the hours of 9:00 a.m. to 4:30 p.m. on any Saturday,

Sunday, Monday, Tuesday or Wednesday of in-person early voting and shall take place during

the hours of 12:00 p.m. to 8:00 pm on any Thursday or Friday of in-person early voting.

     At the end of each day of the in-person early voting period, the voting equipment and

supplies shall be stored at each location in a safe and secure place. Each in-person early voting

location shall be situated in a building that can be entered and exited by persons who are disabled

or elderly. Additionally, each in-person early voting location shall have adequate parking.

     (d) Prior to the in-person early voting period, the state board shall provide the local

boards with the ballots, ballot applications, tabulation equipment, ballot storage boxes, voting

booths, instructions as to voting, and other supplies necessary to effectuate the provisions of this

section. During the in-person early voting period, the state board shall provide technical support

as needed at in-person early voting sites.

     (e) The local board shall provide a ballot and ballot envelope to any early voter in

accordance with the provisions of § 17-19-24. The early voter shall be provided with a voting

booth identical to the voting booths used on the regularly scheduled election days. Once the early

voter has completed the ballot, the early voter shall place the ballot in the ballot envelope and seal

the envelope. An official of the local board shall mark the envelope with the appropriate voting

precinct designation and return the envelope to the early voter. The early voter shall place the

envelope in the ballot box.

     (f) The ballot boxes shall be locked and sealed and the keys shall remain in the

possession of a designated official of the state board. An official of the state board shall collect

the contents of the ballot boxes periodically after in-person early voting ends on each day, and in

no event later than midnight on the day before the election, and shall transfer the ballots to the

office of the state board for counting and tabulating purposes in the same manner as mail ballots,

pursuant to § 17-20-26.

     (g) Except as herein provided for otherwise, all other provisions of title 17 ("Elections")

shall be in and remain in effect.

     SECTION 2. Section 17-1-3 of the General Laws in Chapter 17-1 entitled "General

Provisions" is hereby amended to read as follows:

     17-1-3. Eligibility to vote. -- Every citizen of the United States who is at least eighteen

(18) years of age, whose residence as defined in § 17-1-3.1 has been in this state for at least thirty

(30) days, and in the town or city and voting district in which that person desires to cast his or her

vote at least thirty (30) days next preceding the election, and who is registered in that city or town

and voting district at least thirty (30) days next preceding any election, shall be entitled to vote in

the election; provided, a person may vote in a primary election only if that person is eligible

under the provisions of this title. A person who has not registered to vote, or whose registration

has been canceled pursuant to § 17-10-1, may cast a vote for president and vice-president on

election day at his or her city or town hall or at an alternate location designated by the local board

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of canvassers, and approved by the board of elections, where such location is deemed necessary

to better accommodate such voters.; provided, however, that persons so entitled may not register

and cast a vote for president and vice-president during the in-person early voting period. The

casting of that vote shall commence the process of voter registration and subject the person voting

to the requirements and penalties of this chapter.

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

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

     17-19-19. Custody of machines during voting. -- During the time that the polls are

open, and until the optical scan precinct count unit and voted computer ballots are finally locked

and sealed and the removable keys thereof sealed up for transmission to the state board as

provided in this chapter, the optical scan precinct count units, memory cartridges, and voted

computer ballots shall remain in the care and custody of the warden, who shall see that the voting

equipment is not defaced or injured by any voter or any other person. During the entire time in

which the polls are open for voting, the ballot compartments shall be kept closed and locked;

provided, that the emergency bin compartment slot shall be opened as provided in § 17-19-20.

The vote totals are not to be printed under any circumstances during the time the polls are open

for voting. Vote totals from the in-person early voting precincts are not to be printed under any

circumstances prior to the scheduled closing of the polls of the regularly scheduled election day,

in accordance with state law.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS - ELECTIVE MEETINGS

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     This act would create a process for in-person early voting before the actual election day.

     This act would take effect upon passage.

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LC003530

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