2020 -- S 2675

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LC005019

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO ELECTIONS - STATEWIDE REFERENDA ELECTIONS

     

     Introduced By: Senators McKenney, Murray, Lynch Prata, Lombardi, and Coyne

     Date Introduced: February 27, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 17-5-1.1, 17-5-3 and 17-5-5 of the General Laws in Chapter 17-5

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entitled "Statewide Referenda Elections" are hereby amended to read as follows:

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     17-5-1.1. Special referenda elections.

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     Any proposition of amendment of the Constitution or any other public question submitted

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to the electors of the state at any election not a general election pursuant to ยง 17-1-2(2) shall be

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held on the first Tuesday next after the first Monday of any month and shall be voted upon at town,

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ward, and district meetings, in accordance with the following procedure:

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     (1) When an act of the general assembly is passed authorizing the submission of a question

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to all of the electors of the state, the secretary of state is authorized to rephrase the question to

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appear on the ballot in a manner that would clearly apprise the voters of the question to be voted

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upon and to cause the ballot to contain a concise caption of the question, and the full text of the

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question as adopted by the general assembly need not appear on the ballot except for proposed

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amendments to the Constitution of the state of Rhode Island., but shall:

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     (i) Require that the question shall be stated in plain language reasonably calculated to be

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understood by persons with middle school reading comprehension skills; and

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     (ii) The secretary of state shall cause each question appearing on the ballot prepared by him

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or her to be designated by number, the first question to be designated by the numeral I and

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additional questions shall follow numbered so that all questions submitted to all the electors of the

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state and appearing upon the ballot are numbered consecutively; provided that local questions shall

 

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be printed on a distinctive colored background.

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     (2) Prior to the election at which public questions are to be submitted, the secretary of state

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shall cause to be printed and shall send one copy of the full text of each legislative act to be acted

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upon and applicable to the state at large, or the secretary of state may substitute a description of the

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text of each act in lieu of the full text, to each residential unit in Rhode Island together with the

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following information:

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     (i) The designated number of the question appearing on the ballot;

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     (ii) A brief caption of the question appearing on the ballot; and

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     (iii) A brief explanation of the measure being the subject matter of the question.

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     (3) Voting on a proposition of amendment of the Constitution or of a public question of

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statewide impact shall be by means of optical-scan voting equipment and computer ballots

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authorized pursuant to this title.

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     17-5-3. Publication of questions to be submitted to voters.

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     (a) Prior to each general election at which public questions are to be submitted, the

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secretary of state shall cause to be printed and shall send one copy of the full text of each legislative

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act to be acted upon and applicable to the state at large, or the secretary of state may substitute a

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description of the text of each act in lieu of the full text, to each residential unit in Rhode Island

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together with the following information:

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     (1) The designated number of the question;

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     (2) A brief caption of the question;

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     (3) A brief explanation of the measure that is the subject matter of the question; and stated

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in plain language reasonably calculated to be understood by persons with middle school reading

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comprehension skills; and

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     (4) A notice that voter fraud is a felony and the penalty for voter fraud. This notice shall be

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in conspicuous lettering and shall contain the following language: "You must be registered to vote

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from your actual place of residence."

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     (b) If the public question involves the issuance of bonds or other evidence of indebtedness

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or any other long term financial obligation such as a lease, the notice required by subsection (a) of

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this section shall also include at least the following information to be provided by the agency or

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department for which the bonds or other evidence of indebtedness or any other long term financial

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obligation is intended:

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     (1) The estimated total cost of the project or program, including financing (using a

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reasonable assumed rate of interest), legal, and other costs.

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     (2) The estimated useful life of the project, and the term of the bonds, other indebtedness,

 

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or other obligation.

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     (3) A reasonably detailed description of the project or program, its purposes, and a project

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timetable.

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     17-5-5. Language contained on computer ballots.

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     (a) Notwithstanding the authority of the secretary of state to determine the design and

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content of the computer ballots by rules and regulations, all computer ballots shall contain a clear

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and concise statement of the nature of each question stated in plain language reasonably calculated

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to be understood by persons with middle school reading comprehension skills, presented without

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the necessity of repeating the full text of the question as adopted by the general assembly; provided,

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that in the case of proposed amendments to the Constitution of the state of Rhode Island, the full

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text as adopted by the general assembly shall be reprinted on the computer ballots. The secretary

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of state shall cause each question appearing on the computer ballot prepared by the secretary to be

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designated by number, the first question to be designated by the number I, and additional questions

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shall be submitted with numbers in consecutive order.

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     (b) Notwithstanding the foregoing, in the general election to be held on November 2, 2004,

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in order to avoid a two-sheet statewide ballot, given the number of public questions to be submitted

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to the electors at such general election, the secretary of state may prepare the ballot in such manner

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that the statewide public questions involving the issuance of bonds or other evidence of

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indebtedness, or other long-term financial obligation, shall appear on the ballot with only a caption

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and the amount of financial obligation to be incurred, but without the clear and concise statement

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of each question, as otherwise required. Provided, however, that such clear and concise statement

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of such question shall instead appear in a conspicuous location within each privacy voting booth at

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each polling place with additional copies thereof available at each polling place; and for mail ballot

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voters, each such ballot sent to a mail ballot voter shall be accompanied by a clear and concise

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statement of each question printed on a separate sheet of paper.

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     (c) Notwithstanding the foregoing, in the general election to be held on November 4, 2014,

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in order to avoid a multiple page statewide ballot, given the number of public questions to be

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submitted to the electors at such general election, the secretary of state may prepare the ballot in

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such manner that the statewide public questions involving the issuance of bonds or other evidence

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of indebtedness, or other long-term financial obligation, shall appear on the ballot with only a

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caption and the amount of financial obligation to be incurred, but without the clear and concise

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statement of each question, as otherwise required; provided, however, that such clear and concise

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statement of such question shall instead appear in a conspicuous location within each privacy voting

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booth at each polling place with additional copies thereof available at each polling place; and for

 

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mail ballot voters, each such ballot sent to a mail ballot voter shall be accompanied by a clear and

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concise statement of each question printed on a separate sheet of paper.

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     SECTION 2. 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 - STATEWIDE REFERENDA ELECTIONS

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     This act would amend certain election statutes to require ballot questions be written in plain

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language.

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     This act would take effect upon passage.

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