2016 -- S 2415

========

LC004251

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTION/VOTING EQUIPMENT

SUPPLIERS

     Introduced By: Senators Coyne, Goldin, Felag, Algiere, and DaPonte

     Date Introduced: February 11, 2016

     Referred To: Senate Judiciary

     (Secretary of State)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-19-1, 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:

     17-19-1. 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, accessible voting systems required by

federal law, 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 or in the oval as indicated 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.

     17-19-31. 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 physical electronic media 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 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 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

LC004251 - Page 2 of 5

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 local board of

canvassers indicated site as determined by the state board of elections 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 to the public 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

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

      (b) The warden shall:

      (1) Remove all voted ballots from the second 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

LC004251 - Page 3 of 5

office of the state board of elections.

     SECTION 2. This act shall take effect upon passage.

========

LC004251

========

LC004251 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTION/VOTING EQUIPMENT

SUPPLIERS

***

     This act would change the definition of vote to accommodate the new computer voting

machine. It would authorize the board of elections to promulgate rules concerning the process by

which irregular ballots with write-in candidates are stored and recorded and would change the

process by which printout tapes from the optical scan precinct count unit are handled.

     This act would take effect upon passage.

========

LC004251

========

LC004251 - Page 5 of 5