2016 -- S 2628

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LC005166

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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 -- CONDUCT OF ELECTIONS, VOTING EQUIPMENT, AND

SUPPLIES

     Introduced By: Senators McCaffrey, Lombardi, Lynch Prata, Metts, and Conley

     Date Introduced: February 25, 2016

     Referred To: Senate Judiciary

     (Board of Elections)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 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:

     17-19-31. 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

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

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;

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      (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 2. This act shall take effect upon passage.

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LC005166

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTIONS, VOTING EQUIPMENT, AND

SUPPLIES

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     This act would update the processing of ballots containing write-in votes due to the new

voting equipment. It would also amend the law concerning the printout tape from the optical scan

precinct count unit for the new voting equipment and would accommodate the potential use of

electronic voting lists.

     This act would take effect upon passage.

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LC005166

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