2015 -- H 6312 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO ELECTIONS-PURCHASE OF VOTING EQUIPMENT AND SERVICES

     Introduced By: Representatives Fogarty, Ackerman, Maldonado, Carson, and Hearn

     Date Introduced: June 11, 2015

     Referred To: House Judiciary

     (Secretary of State)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-6-1 of the General Laws in Chapter 17-6 entitled "Secretary of

State" is hereby amended to read as follows:

     17-6-1. General powers and duties. -- (a) The secretary of state shall have those

functions, powers, and duties relating to elections that may be provided by this title or any other

law not inconsistent with this chapter. The secretary of state shall maintain a central roster of all

elected and appointed officers of the state, including for each officer the nature of the officer's

tenure and the date of expiration of the officer's term of office. The secretary of state shall

maintain a central register of all persons registered to vote in the several cities and towns and

shall add, amend, delete, and cancel any names appearing on the register as certified to the

secretary by the several local boards and by the state board.

      (b) The secretary of state may compile and publish a complete edition of the election

law, which the secretary shall make available to all election officials and candidates upon request,

and without charge. The secretary of state shall receive and file certificates of election results as

provided by this title.

     (c) Notwithstanding any provisions of the general laws to the contrary, the office of the

secretary of state shall have the authority to submit and approve the specifications used by the

department of administration in procuring voting systems and voting system-related services on

behalf of the state.

     SECTION 2. Section 17-7-5 of the General Laws in Chapter 17-7 entitled "State Board of

Elections" is hereby amended to read as follows:

     17-7-5. Powers and duties -- Quorum. -- (a) The state board shall have those functions,

powers, and duties that are prescribed by this title or otherwise pursuant to law. In the exercise of

these functions, powers, and duties, but without limitation to them, the board shall:

      (1) Exercise general supervision of the administration of the election law by local

boards;

      (2) Furnish all binders, forms, cabinets, and other supplies required for the operation of

the system of permanent registration of voters throughout the state, as provided by this title;

      (3) Require the correction of voting lists by any local board whenever the state board has

information or cause to believe that any error exists in the lists, and shall immediately notify the

secretary of state of any corrections;

      (4) Have responsibility for supervising the vendor to the extent that services under the

jurisdiction of the state board are performed by the vendor as prescribed by § 17-19-3.

      (5)(4) Prepare, package, and deliver election supplies to the various cities and towns for

each voting district, except for supplies listed in this title for delivery by the office of the

secretary of state;

      (6)(5) (i) Appoint, qualify and assign all state inspectors of elections. The state board of

elections shall formulate programs of instruction and shall determine the method and manner of

instruction which shall be provided to the local boards and to the vendor providing training

pursuant to any agreement between the state and the vendor for the training of election officials.

The program of instruction shall include familiarization with the election laws and duties of

various election officials, together with the exercise of sample situations which may be

encountered in the process of voting, geographical boundaries of the voting district to which the

official may be assigned, offices and questions which may be on the ballot, and any other

information that the board of elections may deem appropriate. The availability of these programs

of instruction for local boards shall be pursuant to the procedures, rules and regulations adopted

by the board of elections.

      (ii) The board of elections shall also formulate and provide an informational pamphlet

containing detailed instructions regarding the duties of elections officials and the operation of

polling places. All informational pamphlets shall be distributed to the local boards who shall, in

turn, see to their distribution to all election officials prior to any election;

      (7)(6) Canvass and tabulate all votes cast at each state election; and count, canvass, and

tabulate the votes cast by mail voters as provided in this title;

      (8)(7) Select dates for off year and special election primaries, except the dates for any

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primaries for local elections that require fixing by the local board pursuant to chapter 15 of this

title;

      (9)(8) Furnish each elected candidate for all state or national offices a certificate of

election;

      (10)(9) Furnish the secretary of state with a certified statement of the number of votes

cast in each voting district for all state and national candidates, the votes cast for and against all

state questions which appeared on the ballot, and a certificate of election for each national

candidate who is elected in this state, and furnish the governor with a certified list of the general

officers elected at each general election;

      (11)(10) Hold hearings relating to recounts or other protests of the results or conduct of

an election;

      (12)(11) Maintain any books and records of the votes cast, and publish any statements

and reports, that it may deem to be in the public interest;

      (13)(12) Arrange and make provisions for the registration of voters pursuant to the

National Voter Registration Act (NVRA) of 1993, 42 U.S.C. § 1973gg et seq. The state board

shall formulate programs to assist those persons or organizations desiring to register voters and

shall provide, pursuant to procedures, rules, and regulations it shall adopt, voter registrations

services which may include training sessions, registration materials, manuals and other services

for the purpose of registering to vote eligible Rhode Island citizens;

      (14)(13) Annually conduct a voter registration drive at each institution of higher

education at the level of junior college or above in the state; and

      (15)(14) Establish and maintain an administrative complaint procedure in accordance

with Section 402 of the Help America Vote Act (P.L. 107-252) [42 U.S.C. § 15512].

      (b) The state board shall also have all of the powers and duties formerly conferred or

imposed by existing law upon the division of elections and the election board, and whenever in

any other general law, public law, act, or resolution of the general assembly, or any document,

record, or proceeding authorized by the general assembly, the phrase "division of elections" or

"election board" or any other word or words used in reference to or descriptive of the division,

board, or any member or employee of the division or board, or to their respective activities or

appointees, or any of them, the word, phrase, or reference shall, unless the context otherwise

requires, be deemed to refer to and describe the state board, its members, appointees, and

activities, as the context may require.

      (c) The state board shall have power to make any rules, regulations, and directives that it

deems necessary to carry out the objects and purposes of this title not inconsistent with law.

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      (d) The state board shall also have jurisdiction over all election matters on appeal from

any local board and over any other matters pertinent and necessary to the proper supervision of

the election laws.

      (e) Four (4) members of the state board shall constitute a quorum.

      (f) Notwithstanding the provisions of § 42-35-18(b)(22), all rules and regulations

implementing and enforcing the provisions of the Help America Vote Act of 2002 (P.L. 107-252)

[42 U.S.C. § 15301 et seq.]shall be promulgated in accordance with the rule-making provisions

contained in §§ 42-35-1 -- 42-35-8.

     SECTION 3. Sections 17-19-1, 17-19-2, 17-19-2.1, 17-19-3 and 17-19-8.2 of the General

Laws in Chapter 17-19 entitled "Conduct of Election and Voting Equipment, and Supplies" are

hereby amended to read as follows:

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

context:

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

state for use in conjunction with the optical scan precinct count system or the voting equipment

precinct count system then in place and procured in accordance with this chapter;

      (2) "Voting equipment" means an optical scan precinct count voting system or the voting

equipment precinct count system then in place and procured in accordance with this chapter,

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

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

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

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

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

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

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

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

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

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

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

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

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

her ballot, except as provided in § 17-20-24.

     17-19-2. Voting equipment. -- Subject to the provisions of this chapter, voting

equipment which has been procured by the department of administration according to the

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provisions of this chapter shall be used in all state, city, or town elections, including elections at

which amendments to the Constitution of the state are submitted to the electors for approval.

Until such voting equipment is procured by the department of administration pursuant to the

specifications provided by the office of the secretary of state, voting equipment previously

acquired by the department of administration according to the provisions of this chapter in effect

at that time shall continue to be used in all state, city, or town elections, including elections at

which amendments to the Constitution of the state are submitted to the electors for approval.

     17-19-2.1. New voting technology -- Declaration of purpose. -- New voting

technology. -- WHEREAS, mechanical lever voting machines have been in use in the state of

Rhode Island for more than fifty (50) years; and

      WHEREAS, voting machine technology has now advanced to the point where votes can

be cast and reliably recorded on optical scan precinct count voting systems; and

      WHEREAS, optical scan precinct count voting systems are now in use in various states

and have resulted in returning accurate and reliable voting results within a shorter period of time

than is possible through the use of mechanical lever machines; and

      WHEREAS, the general assembly finds that it is in the public interest to convert from

mechanical lever voting machines to an optical scan precinct count voting system;

      THEREFORE, the general assembly determines that an optical scan precinct count

voting system as described in § 17-19-3 shall be employed in elections held in the State of Rhode

Island beginning in 1997.

      The department of administration shall be responsible for the procurement of an optical

scan precinct count voting system and for the procurement of a full service contract as set forth in

§ 17-19-3. The specifics in the request for proposal shall be drafted by the department of

administration in consultation with the office of the secretary of state and the state board of

elections. The term of each contract shall be determined by the department of administration. The

procured system shall be revenue neutral in that, over the life of the contract, it may not cause the

state to incur more expense than would be expended under the mechanical lever system during a

similar period. The department of administration shall seek bids from vendors for the options of

purchasing, leasing to own and renting an optical scan precinct count voting system meeting the

requirements set forth in § 17-19-3, and for the full services of the vendor as set forth in § 17-19-

3. In the event the department of administration purchases new voting equipment and services in

accordance with § 17-19-3, then any reference in title 17 to optical scan equipment shall be

deemed to refer to the voting equipment then purchased, whether such voting equipment utilizes

optical scan technology or not.

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     17-19-3. Voting equipment and services -- Specifications. [Effective January 1,

2015.] -- (a) The office of secretary of state and the state board of elections shall develop from

time to time, and in coordination with the general assembly for the purpose of funding

procurement, submit specifications to the department of administration, which the department of

administration shall consult utilize in developing a request for a proposal, as set forth in § 17-19-

2.1 procuring voting equipment, voting systems and services related thereto in accordance with

this chapter and chapter 2 of title 37 of the general laws. 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 and requests for proposals for the options of

purchasing, leasing to own, or renting an optical scan precinct count voting system systems that

utilize technologies, methods and equipment considered reasonable best practices for the state

and in compliance with all laws, and for a full-service contract for an optical scan precinct count

such voting system systems, 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 as many persons for an office as the voter is lawfully entitled to vote for,

but no more; and

      (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 a clear and unambiguous means; 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;

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      (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 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 that must have

compartments with doors that lock for assure the 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 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 (1)-

two (2)- or three (3)- column ballot 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 that shall securely store the ballots and have the capability of restricting access to

the ballots only to authorize officials;

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

on an ongoing basis in media 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 that may be easily

transported and 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 that has the capability to electronically read the storage

device upon which the individual polling place totals are stored and 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

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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) a minimum number of 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 a sufficient voting booths to allow one number of voting booth booths

for approximately every one hundred seventy-five (175) each precinct to accommodate 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 absentee ballots at a reasonable best practices rate. 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

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 Reasonable best practices tabulating equipment shall be located in each of

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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, in conjunction with the service

contract vendor, no less than thirty (30) days prior to an election, shall determine which regional

and/or central test the tabulation sites are system to be utilized for the election and determine

whether regional and/or central tabulation is adequate, and if regional tabulation is required, so

implement it. 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 from the precincts and, if regional and/or central tabulation sites are

utilized, the system shall be capable of transferring information gathered at any regional or

central sites utilized by the thirty-nine (39) local boards of canvassers;

      (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;

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

compliance with Federal Election Commission federal standards then in place and administered

by the designated federal agency or organization 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

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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 office of the secretary of state, 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 ballot reading device to ensure that the ballots are compatible with the ballot

reading 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 device;

      (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;

      (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 proposal by an offeror for an optical scan a precinct count

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system and a full-service agreement for an optical-scan a precinct count system that do does 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 may be accepted by the office

of the secretary of state with the consent of the department of administration. The office of the

secretary of state shall memorialize the acceptance of any bid proposal that does not conform

with the requirements of subsections (a)(1) through (b)(9)(vii) of this section in each instance of

such non-conformance.

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

17-19-2.1, the The office of the secretary of state board periodically shall conduct a review of the

election system, provide a report to the general assembly, and shall subsequently assume

responsibility be responsible for establishing minimum requirements and specifications for the

procurement of voting equipment and services.

     17-19-8.2. State-of-the-art voting technology. -- (a) Given the development of the

necessary state-of-the-art technology and the potential availability of federal funds, the secretary

of state, as mandated by § 17-19-8.1, shall expand the special ballot service to as wide a range of

voters with disabilities as possible. Accordingly, the secretary of state shall begin the process for

the purchase of state-of-the-art voting equipment which can accommodate not only voters who

are blind or visually impaired but also persons with other disabilities and afford all voters who are

blind, visually impaired or disabled the opportunity to cast their ballot independently.

      (b) The ballot for the new voting equipment must be created from the same database

used to create the ballot for the state's current optical scan precinct count system. Votes cast on

the new voting equipment must be capable of being integrated into the state's current optical scan

precinct count system by the board of elections. Duties and responsibilities with respect to ballot

creation and preparation and maintenance of the integrated voting equipment would be delegated

to the secretary of state and the state board of elections in substantially the same manner as

outlined in § 17-19-3(b).

      (c) Funding for the procurement of this technology for each polling place shall be

through federal funds appropriated to the state of Rhode Island pursuant to election reform

legislation adopted by Congress in 2002. The office of the secretary of state when implementing

the provisions of § 17-19-3 shall specify to the extent reasonably available state-of-the-art voting

equipment which can accommodate voters who are blind, visually impaired or are otherwise

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disabled, in order to afford all voters, regardless of abilities, an opportunity to cast their ballot

privately and independently.

     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-PURCHASE OF VOTING EQUIPMENT AND SERVICES

***

     This act would make the secretary of state solely responsible for designing the

specifications for the purchase and oversight of new voting equipment by the department of

administration. The act would also allow for the purchase of state of the art voting equipment.

     This act would take effect upon passage.

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