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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT

AND SUPPLIES

     

     Introduced By: Representatives Vella-Wilkinson, Morales, Casimiro, Noret, and
Solomon

     Date Introduced: March 01, 2023

     Referred To: House State Government & Elections

     (Board of Elections)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-19-31 of the General Laws in Chapter 17-19 entitled "Conduct of

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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 eligible candidate appears on the ballot for that

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

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nominated candidate for office and who has been duly qualified under the requirements of § 17-

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14-18 are referred to in this section as “irregular ballots.” In voting for presidential electors, a voter

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may vote an irregular ticket made up of the names of persons in nomination by different parties; or

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

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

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

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

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

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irregular ballot be voted for any person who has not been duly qualified under the requirements of

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§ 17-14-18, unless said vote is cast for an office in which no eligible candidate appears on the ballot

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for that office; any irregular ballot so voted shall not be counted. An irregular ballot must be cast

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

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shall be counted at primaries; provided, that in all elections, except for any declaration of intent of

 

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write-in candidacy for any presidential preference primary or general election, irregular ballots

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shall not be required to be counted unless the total number of irregular ballots exceeds the margin

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of votes between the top two (2) vote-getters in the race for that office, provided, further that at any

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presidential primary, irregular ballots shall be counted for those persons whose names have been

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written in for the office of president. At the close of the polls, irregular ballots shall be packaged

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according to § 17-19-33 and shall be immediately delivered to the local board of canvassers. The

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local board shall receive the tape from the optical precinct-count unit containing printed images of

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

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the irregular ballots and shall only record all write-in votes cast for persons meeting the

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requirements of this section for all federal, state, and local races listed on the tape. The local board

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

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     SECTION 2. 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 classes

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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 according

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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 counting

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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 against

 

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

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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 3. 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 o'clock (4:00) p.m. on the first Friday preceding any presidential

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preference 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 that shall be provided by the secretary of state, file a declaration of the

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candidate's intent of write-in candidacy for a federal, state, or local office appearing on the ballot.

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The declaration of intent shall be filed with the secretary of state or local board, depending on the

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office being sought, as required for declarations of candidacy under § 17-14-1. No person shall be

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eligible to file a declaration of intent of write-in candidacy unless the person shall have been

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qualified, as of the declaration deadline set forth under § 17-14-1, to vote in the election within the

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district for the office which that person now seeks. The declaration of intent shall be signed by the

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candidate as the candidate's name appears on the voting list. The signature shall be accepted as

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valid if it is original and can be reasonably identified to be the name and signature of the voter it

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purports to be. A variation of the voter's signature by the insertion or omission of identifying titles

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or by the substitution of initials for the first or middle names of both shall not in itself be grounds

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for invalidation of the signature. The declaration shall also include 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 place and date of birth;

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

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     (6) A certification that the candidate is neither serving a sentence, including probation or

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parole, for which the candidate 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 the candidate has not been lawfully adjudicated to be non compos

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mentis, of unsound 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 contendere

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

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

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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 -- CONDUCT OF ELECTION AND VOTING EQUIPMENT

AND SUPPLIES

***

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     This act would require a write-in candidate to file a declaration of intent with the same

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office at which the declaration of candidacy would be filed, and require similar residency

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requirements for write-in candidates that exists for declared candidates and would require that local

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boards of canvassers and the state board of elections tally write-in votes in closely contested races

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for candidates who file the declaration of intent. Furthermore, write-ins votes would also be tallied

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in contests where no candidate is on the ballot for that contest and the entire set of scanned images

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containing all write-ins votes would be posted on the website of the state board.

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     This act would take effect upon passage.

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