2016 -- H 7959

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LC004892

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO ELECTIONS -- PROCEDURES

     Introduced By: Representatives Tobon, Barros, Abney, Melo, and Solomon

     Date Introduced: March 18, 2016

     Referred To: House Judiciary

     (Board of Elections)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-15-14 of the General Laws in Chapter 17-15 entitled "Primary

Elections" is hereby amended to read as follows:

     17-15-14. Qualifications of primary officials -- Affidavit. -- (a) Each warden or

moderator and each primary supervisor appointed under the provisions of §§ 17-15-13 and 17-15-

16 shall be able to read the Constitution of the state in the English language, and to write his or

her name, and shall, whenever possible, be a voter of the senatorial district, representative district,

or town, ward, or voting district from which he or she is appointed.

      (b) No person shall be appointed to serve as a primary official who has been convicted,

found guilty, pleaded guilty or nolo contendere, or placed on a deferred or suspended sentence or

on probation for any crime which involved moral turpitude or a violation of any of the election,

caucus, or primary laws of this or any other state.

      (c) No person shall be appointed to serve as a primary official who is an officer or

employee of the United States, of this state, or of any city or town of this state, but no person

shall be disqualified solely because that person is a notary public or a teacher.

      (d) No person who is seeking nomination or election at any primary election shall act as

a primary official at that primary.

      (e) Every primary official shall make an affidavit before the proper local board or some

member of the board to the effect that that official is not disqualified by reason of the provisions

of this section.

     SECTION 2. Sections 17-19-4, 17-19-12, 17-19-13, 17-19-23, 17-19-31 and 17-19-33 of

the General Laws in Chapter 17-19 entitled "Conduct of Election and Voting Equipment, and

Supplies" are hereby amended to read as follows:

     17-19-4. Voting booths and optical scan precinct count units -- Number to be

furnished. -- (a) For each voting district and for each town not divided into voting districts, an

optical scan precinct count unit shall be prepared and delivered by the state board or its designee.

      (b) At each voting place, both in cities and in towns, one voting booth shall be furnished

for every one hundred seventy-five (175) qualified electors, whose names are upon the voting list

used at the voting place and entitled to use the machines, as certified to the state board based on

the voting list certified as a result of the final canvass the number of polling place units and

voting booths must be sufficient to permit the orderly conduct of the election.

      (c) In making the calculation required by this section, voters whose names are on the

inactive list of voters shall not be included.

     17-19-12. Delivery of election supplies. -- All printed matter, stationery, and supplies

required to be furnished by this chapter shall be delivered to or picked up by the proper officer as

determined by the state board not later than three (3) days 4:00 p.m. the day before the election

for which they are to be used. Computer ballots to be used at each polling place, ballot transfer

cases, marking pens, secrecy sleeves and any other items related to the voting equipment shall be

packaged by the state board and shall be picked up by the local canvassing authority delivered to

or picked up by the proper office as determined by the state board.

     17-19-13. Exhibition of machines for instructional purposes. -- The local board shall

may designate suitable and adequate times and places where optical scan voting equipment and

sample ballots showing titles of offices to be filled and, so far as practicable, the names of

candidates to be voted for at the next election shall be exhibited for the purpose of giving

instructions as to the manner of casting a vote to all voters who apply. No optical scan precinct

count unit that is to be used in an election shall be used for the instruction after it has been

prepared and sealed for the election.

     17-19-23. Wardens and supervisors -- Powers and duties. -- The wardens shall:

      (1) Have general supervision of the voting place;

      (2) Assign the first, second, and any additional pairs of supervisors to their respective

stations;

      (3) From time to time, assign Assign and reassign and relieve the bipartisan pairs of

supervisors, as the efficient conduct of the election may require;

      (4) Unlock Access the voting list and set it before the first bipartisan pair pairs, if it has

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not been divided in sections, or set each section before a bipartisan pair where it has been divided

in sections, immediately preceding the opening of the polls;

      (5) Assign the second or additional bipartisan pair of supervisors to watch the voters

while they are in and about the voting booths, and to enter the voting booths for the purpose of

assisting voters who are unable to vote, within the limits provided by this chapter;

      (6) Be vigilant and responsible to prevent any voter from voting more than once;

      (7) Cause to be established a single line of persons desiring to vote and enlist the

assistance of the supervisors and the police in attendance to maintain that line;

      (8) As far as consistent with their other duties, station themselves at the entrance to the

polling area and prevent any person from entering the enclosed space behind the rail designated

voting area, except under the authority of this chapter, and prevent any person from entering that

space area for the purpose of voting until that person's name has been announced and that

person's identity certified according to law by the supervisors in charge of the voting list, and

shall prevent any voter from departing the enclosed space while in possession of his or her

computer ballot. A notice shall be provided by the state board and posted in a conspicuous place

advising that it is a felony for a voter to leave the enclosed area while in possession of his or her

ballot. The voter has the option of casting his or her ballot or surrendering the ballot to the

warden whereby it will be marked void;

      (9) Cause to be removed or arrested any person or official who commits a violation of

the election law in their presence or disturbs the conduct of the voting; provided, that they shall

not cause any removal or arrest without the approval of the election inspector, unless the clerk

agrees with the wardens that the person or official should be arrested or removed;

      (10) Have the power to administer oaths as required by this title, and to attest the oaths

by signature in proof of the administration of the oaths.

     17-19-31. Irregular ballots. -- Ballots voted for any person whose name does not appear

on the ballot as a nominated candidate for office are referred to in this section as "irregular

ballots". In voting for presidential electors, a voter may vote an irregular ticket made up of the

names of persons in nomination by different parties, or partly of names of persons in nomination

and partly of names of persons not in nomination, or wholly of names of persons not in

nomination by any party. The Scanned images of the computer ballot containing the irregular

ballot shall be deposited stored digitally on the physical electronic media of in the optical scan

precinct count unit. With that exception, no irregular ballot shall be voted for any person for any

office whose name appears on the ballot as a nominated candidate for that office; any irregular

ballot so voted shall not be counted. An irregular ballot must be cast in its appropriate place on

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the ballot, or it shall be void and not counted and no irregular ballots shall be counted at

primaries; provided, that at any presidential primary, irregular ballots shall be counted for those

persons whose names have been written in for the office of president. At the close of the polls,

irregular ballots shall be packaged according to § 17-19-33 and shall be immediately delivered to

the local board of canvassers. The local board shall remain in session on election night to receive

the tape from the optical scan precinct count unit containing printed images of each written name

on the irregular ballots, or the physical electronic media containing images of the irregular

ballots, to open the package labeled as containing write-in votes, and to count and record all

write-in votes cast for all federal, state and local races listed on the ballot tape. The local board

shall immediately notify the state board of the results through a procedure promulgated by the

state board.

     17-19-33. Sealing of voting equipment -- Sealing and forwarding of results,

programmed memory cartridges and keys Sealing of voting equipment -- Sealing and

forwarding of results, programmed memory devices and keys. -- (a) The four (4) copies of the

printout tape from the optical scan precinct count unit obtained pursuant to § 17-19-32 shall be

distributed as follows:

      (1) The first copy, which includes the opening of the polling place information,

signatures of the warden and clerk, a timed audit trail of certain events occurring with respect to

the optical scan precinct count system and the vote totals for each candidate, shall be attached to

the return sheet as provided in § 17-19-11 and immediately delivered to the indicated site as

determined by the state board of elections local board of canvassers where it is processed and

delivered to the state board of elections by 4:00 p.m. the day following the election through a

procedure promulgated by the state board;

      (2) The second A copy shall be posted made available for public view at the polling

place;

      (3) The third A copy shall be immediately delivered to the local board of canvassers

attached to the return sheet as provided in § 17-19-11, together with the polling place supplies,

including the key to the optical scan precinct count unit and other voting equipment and

containers; and

      (4) The fourth A copy shall be included with the voted ballots and packaged pursuant to

this chapter.

      (5) The certified paper or electronic voter list containing voters' signatures shall be

packaged secured separately and returned to the local board of canvassers.

      (6) All completed official affidavits, forms, reports and supplies shall be packaged and

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delivered to the local board for subsequent delivery to the state board.

      (b) The warden shall:

      (1) Remove all voted ballots from the second voted ballot compartment of the optical

scan precinct count unit and package them in the container provided and labeled as regularly

voted ballots and stored pursuant to § 17-19-39.1;

      (2) Remove all voted ballots from the first compartment and package them in the

container provided and labeled as containing write-in votes; and

      (3) Package all ballots from the emergency bin that have not been counted in the

container provided and labeled as uncounted manual count ballots, and delivered to the local

canvassing authority. Any ballots packaged and labeled as uncounted manual count ballots shall

remain sealed and delivered to the state board by 4:00 p.m. the following day for counting

through a procedure promulgated by the state board.

      (c) All ballots so packaged shall be immediately delivered to the local canvassing

authority and the local board shall be in session for the counting of any write-in votes. Forthwith

upon completion of the counting of all write-in votes the local canvassing authority shall place

said ballots in an appropriately labeled container which shall remain in storage pursuant to the

requirements of § 17-19-39.1.

      (d) All marking pens, unused printout tapes, secrecy sleeves and other items related to

the voting equipment shall be packaged and delivered to the local board for later delivery to the

office of the state board of elections.

     SECTION 3. Sections 17-20-2.1, 17-20-2.2, 17-20-19, 17-20-23 and 17-20-29 of the

General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended to read as follows:

     17-20-2.1. Requirements for validity of mail ballot and mail ballot applications. -- (a)

Any legally qualified elector of this state whose name appears upon the official voting list of the

city, town, or district of the city or town where the elector is qualified, and who desires to avail

himself or herself of the right granted to him or her by the Constitution and declared in this

chapter, may obtain from the local board in the city or town an affidavit form prepared by the

secretary of state as prescribed in this section, setting forth the elector's application for a mail

ballot.

      (b) Whenever any person is unable to sign his or her name because of physical

incapacity or otherwise, that person shall make his or her mark "X".

      (c) The application, when duly executed, shall be delivered in person or by mail so that it

is received by the local board not later than four o'clock (4:00) p.m. on the twenty-first (21st) day

before the day of any election referred to in § 17-20-1. The application for a mail ballot may

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serve as affirmation if the voter has been placed on the inactive list and the Box A voting address

on the mail ballot application matches the address on the voter's registration record.

      (d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in

order to be valid, must have been cast in conformance with the following procedures:

      (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the

elector at the Rhode Island address provided by the elector on the application. In order to be

valid, the signature on all certifying envelopes containing a voted ballot must be made before a

notary public or before two (2) witnesses who shall set forth their addresses on the form.

      (2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the

name and location of the hospital, convalescent home, nursing home, or similar institution where

the elector is confined. All mail ballots issued pursuant to subdivision 17-20-2(2) shall be

delivered to the elector at the hospital, convalescent home, nursing home, or similar institution

where the elector is confined; and the ballots shall be voted and witnessed in conformance with

the provisions of § 17-20-14.

      (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed to the

address provided by the elector on the application or sent to the board of canvassers in the city or

town where the elector maintains his or her voting residence. In order to be valid, the signature of

the elector on the certifying envelope containing voted ballots does not need to be notarized or

witnessed. Any voter qualified to receive a mail ballot pursuant to subdivision 17-20-2(3) shall

also be entitled to cast a ballot pursuant to the provisions of United States Public Law 99-410

("UOCAVA Act").

      (4) All mail ballots issued pursuant to subdivision 17-20-2(4) may be mailed to the

elector at the address within the United States provided by the elector on the application or sent to

the board of canvassers in the city or town where the elector maintains his or her voting

residence. In order to be valid, the signature on all certifying envelopes containing a voted ballot

must be made before a notary public, or other person authorized by law to administer oaths where

signed, or where the elector voted, or before two (2) witnesses who shall set forth their addresses

on the form. In order to be valid, all ballots sent to the elector at the board of canvassers must be

voted in conformance with the provisions of § 17-20-14.2.

      (e) Any person knowingly and willfully making a false application or certification, or

knowingly and willfully aiding and abetting in the making of a false application or certification,

shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1.

      (f) In no way shall a mail ballot application be disqualified if the voter's circumstances

change between the time of making the application and voting his or her mail ballot as long as

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voter remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board

of canvassers shall provide the state board of elections with written notification of any change in

circumstances to a mail ballot voter.

     17-20-2.2. Requirements for validity of emergency mail ballots. -- (a) Any legally

qualified elector of this state whose name appears upon the official voting list of the town or

district of the city or town where the elector is so qualified, who on account of circumstances

manifested twenty (20) days or less prior to any election becomes eligible to vote by mail ballot

according to this chapter, may obtain from the local board an application for an emergency mail

ballot.

      (b) The emergency mail ballot application, when duly executed, shall be delivered in

person or by mail so that it shall be received by the local board not later than four o'clock (4:00)

p.m. on the last day preceding the date of the election. The application for an emergency mail

ballot may serve as affirmation if the voter has been placed on the inactive list and the Box A

voting address on the mail ballot application matches the address on the voter's registration

record.

      (c) The elector shall execute the emergency mail ballot application in accordance with

the requirements of this chapter, which application shall contain a certificate setting forth the

facts relating to the circumstances necessitating the application.

      (d) In addition to those requirements set forth elsewhere in this chapter, an emergency

mail ballot, in order to be valid, must have been cast in conformance with the following

procedures:

      (1) All mail ballots issued pursuant to subdivision 17-20-2(1) shall be mailed to the

elector at the State of Rhode Island address provided on the application by the office of the

secretary of state, or delivered by the local board to a person presenting written authorization

from the elector to receive the ballots, or cast in private at the local board of canvassers. In order

to be valid, the signature of the voter on the certifying envelope containing a voted ballot must be

made before a notary public, or other person authorized by law to administer oaths where signed,

or where the elector voted, or before two (2) witnesses who shall set forth their addresses on the

form. In order to be valid, all ballots sent to the elector at the board of canvassers must be voted

in conformance with the provisions of § 17-20-14.2.

      (2) All applications for emergency mail ballots pursuant to subdivision 17-20-2(2) must

state under oath the name and location of the hospital, convalescent home, nursing home, or

similar institution where the elector is confined. All mail ballots issued pursuant to this

subdivision shall be delivered to the elector by the bi-partisan pair of supervisors, appointed in

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conformance with this chapter, and shall be voted and witnessed in conformance with the

provisions of § 17-20-14.

      (3) All mail ballots issued pursuant to subdivision 17-20-2(3) shall be mailed by the

office of the secretary of state to the elector at an address provided by the elector on the

application, or cast at the board of canvassers in the city or town where the elector maintains his

or her voting residence. The signature of the elector on the certifying envelope containing the

voted ballots issued pursuant to the subdivision does not need to be notarized or witnessed. Any

voter qualified to receive a mail ballot pursuant to subdivision 17-20-2(3) shall also be entitled to

cast a ballot pursuant to the provisions of United States Public Law 99-410 ("UOCAVA Act").

      (4) All mail ballots issued pursuant to subdivision 17-20-2(4) shall be cast at the board of

canvassers in the city or town where the elector maintains his or her voting residence or mailed

by the office of the secretary of state to the elector at the address within the United States

provided by the elector on the application, or delivered to the voter by a person presenting written

authorization by the voter to pick up the ballot. In order to be valid, the signature of the voter on

all certifying envelopes containing a voted ballot must be made before a notary public, or other

person authorized by law to administer oaths where signed, or where the elector voted, or before

two (2) witnesses who shall set forth their addresses on the form. In order to be valid, all ballots

sent to the elector at the board of canvassers must be voted in conformance with the provisions of

§ 17-20-14.2.

      (e) The secretary of state shall provide each of the several boards of canvassers with a

sufficient number of mail ballots for their voting districts so that the local boards may provide the

appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to

process each emergency ballot application in accordance with this chapter, and it shall be the duty

of each board to return to the secretary of state any ballots not issued immediately after each

election.

      (f) Any person knowingly and willfully making a false application or certification, or

knowingly and willfully aiding and abetting in the making of a false application or certification,

shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1.

     17-20-19. Envelopes for return of ballots. -- Envelopes for the enclosure and return of

mail ballots and their enclosing certified envelope shall have the printed or written address:

"Board of Elections, 50 Branch Ave., Providence, Rhode Island 02904-2790" of the board of

elections; and shall be forwarded by the secretary of state to each mail voter whose application

for the mail ballot has been received and accepted.

     17-20-23. Marking and certification of ballot. -- (a) A voter may vote for the

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candidates of the voter's choice by making a mark in the space provided opposite their respective

names.

      (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.

      (c) Voters receiving a mail ballot pursuant to § 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 § 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 certified envelope containing the

ballot to be delivered to the state board not later than the time prescribed by §17-18-11 for the

closing of polling places on the day of election on or before election day.

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

chapter.

      (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 §§ 17-19-31 and

17-20-24.

     17-20-29. Mail applicant not permitted to vote at polls Mail applicant permitted to

vote a provisional ballot. -- (a) No person, or one claiming to be that person, whose name has

been marked upon any voting list, provided for official use at any election, with the mark as

provided by § 17-20-10, shall be permitted to vote in person at the election; provided, that the

person may re-establish his or her right to vote in person by presenting himself or herself at that

person's local board on or before election day and surrendering his or her mail ballot. Upon that

surrender the person's name shall be restored to the voting list. Any person whose name has been

marked on the voting list as applying for a mail ballot may also shall be permitted to vote in

person if that person executes and delivers to the local board an affidavit stating that the person

did not receive the mail ballot, or that the mail ballot was lost or destroyed cast a provisional

ballot in accordance with §17-19-24.1.

      (b) Each local board shall, immediately after the close of the polls, certify and deliver to

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the state board the names and addresses of all persons restored to the voting list, together with the

affidavits and surrendered ballots received pursuant to this section.

     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 -- PROCEDURES

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     This act would update many of the voting administrative laws to reflect the current

election practices, procedures and use of the new voting equipment, including the use of

electronic voting lists.

     This act would take effect upon passage.

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