2019 -- H 5709

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LC001915

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT

CANDIDATES

     

     Introduced By: Representatives Vella-Wilkinson, Morin, Almeida, Williams, and Ucci

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     (Board of Elections)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 17-14 of the General Laws entitled "Nomination of Party and

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Independent Candidates" is hereby amended by adding thereto the following section:

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     17-14-18. Declaration of intent of write-in candidacy.

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     (a) No later than four p.m. (4:00) on the first Friday preceding any presidential preference

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primary, primary or general election or election regularly scheduled for a time other than the

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biennial general statewide election, each voter seeking to be a write-in candidate at the upcoming

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election shall, on a form provided by the secretary of state, file a declaration of his or her intent of

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write-in candidacy for a federal, state, or local office appearing on the ballot. The declaration of

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intent shall be signed by the candidate as his or her name appears on the voting list. The signature

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shall be accepted as valid if it is original and can be reasonably identified to be the name and

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signature of the voter it purports to be. A variation of the voter's signature by the insertion or

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omission of identifying titles or by the substitution of initials for the first or middle names of both

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shall not in itself be grounds for invalidation of the signature. The declaration shall also include

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the following information:

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     (1) The candidate's name as it appears on the voting list, subject to the same provisions as

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relate to the voter's signature on the declaration;

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     (2) The address as it appears on the voting list, provided that an address which is

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substantially the same as the address on the voting list shall be valid;

 

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     (3) The office sought;

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     (4) The candidate's place and date of birth;

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     (5) The length of residence in the state and in the town or city where he or she resides;

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     (6) A certification that he or she is neither serving a sentence, including probation or

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parole, for which he or she was imprisoned upon final conviction of a felony imposed on any

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date, nor serving any sentence, whether incarcerated or suspended, on probation or parole, upon

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final conviction of a felony committed after November 5, 1986;

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     (7) A certification that he or she has not been lawfully adjudicated to be of unsound

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mind;

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     (8) If a person is a candidate for a state or local office, a certification that the person has

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not within the preceding three (3) years served any sentence, incarcerated or suspended, on

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probation or parole, for a crime committed after November 5, 1986, upon a plea of nolo

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contendere or guilty or upon a conviction of a felony or for a misdemeanor for which a sentence

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of imprisonment for six (6) months or more, whether suspended or to be served as imposed.

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     SECTION 2. Section 17-19-31 of the General Laws in Chapter 17-19 entitled "Conduct

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

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     17-19-31. Irregular ballots.

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     Ballots voted for any office in which no candidate appears on the ballot for that office, or

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in any other office for any person whose name does not appear on the ballot as a nominated

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candidate for office and who has been duly qualified pursuant to § 17-14-18 are referred to in this

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section as "irregular ballots". In voting for presidential electors, a voter may vote an irregular

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ticket made up of the names of persons in nomination by different parties; or partly of names of

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

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persons not in nomination by any party. Scanned images of the computer ballot containing the

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irregular ballot shall be stored digitally on physical electronic media in the optical-scan precinct-

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

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whose name appears on the ballot as a nominated candidate for that office; nor shall any irregular

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ballot be voted for any person who has not been duly qualified under the requirements of § 17-14-

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18, unless the vote is cast for an office in which no candidate appears on the ballot for that office;

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any irregular ballot so voted shall not be counted. An irregular ballot must be cast in its

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appropriate place on the ballot, or it shall be void and not counted and no irregular ballots shall be

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

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

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

 

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delivered to the local board of canvassers. The local board shall receive the tape from the optical

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precinct-count unit containing printed images of each written name on the irregular ballots, or the

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physical electronic media containing images of the irregular ballots and shall only record all

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write-in votes cast for persons meeting the requirements of this section for all federal, state, and

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local races listed on the tape. The local board shall notify the state board of the results through a

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procedure promulgated by the state board.

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     SECTION 3. Section 17-22-7 of the General Laws in Chapter 17-22 entitled "Tabulation

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and Certification of Returns by State Board" is hereby amended to read as follows:

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     17-22-7. Books of record of votes -- Contents.

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     (a) The board shall keep separate books of record of the votes cast for the different

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classes of officers which it is its duty to count, canvass, and tabulate, as follows:

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     (1) A book of record of votes cast for electors of president and vice-president;

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     (2) A book of record of votes cast for senators and representatives in congress;

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     (3) A book of record of votes cast for general officers; and

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     (4) A book of record of the votes cast for each class of officers that may by law

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subsequently be required to be counted, canvassed, and tabulated by the board.

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     (b) Each of the respective books shall contain:

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     (1) A record of the number of votes cast in each voting district for each candidate

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according to the counting, canvassing, and tabulating of the board;

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     (2) The number cast in each voting district for each candidate according to the certificates

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of the moderators or wardens and clerks;

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     (3) The total number cast for each candidate in each town and city according to the

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counting and to the certificates;

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     (4) The total number cast for each candidate in the state or congressional district, as the

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case may be, according to the counting and the certificates;

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     (5) A statement of which candidates are elected; and

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     (6) Any other pertinent facts that the board deems proper.

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     (c) The board shall also keep a book of record of the votes cast for and against any

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proposition of amendment of the Constitution and a book of record of the votes cast for and

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against all questions submitted to the electors of the state, with like detail as provided in this

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section in relation to votes cast for officers.

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     (d) Notwithstanding the above, the state board shall report all write-in votes received by

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persons qualifying as write-in candidates pursuant to the requirements of § 17-19-31 and, not

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otherwise qualifying to appear on the ballot and receiving less than five (5) votes in a race, as a

 

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composite total of all write-in votes cast for said office.

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     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 -- NOMINATION OF PARTY AND INDEPENDENT

CANDIDATES

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     This act would require the board of elections to report all votes received by declared

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write-in candidates, would require a declaration to be filed by candidates to be elected by write-in

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ballots and would provide that ballots cast for an office in which no candidate appears on the

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ballot shall be irregular ballots.

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     This act would take effect upon passage.

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