Chapter 192
2006 -- H 7532 AS AMENDED
Enacted 06/28/06
A N A C T
RELATING
TO ELECTIONS -- CONDUCT OF ELECTIONS
Introduced
By: Representatives Lewiss, San Bento, Shanley, Corvese, and Kennedy
Date
Introduced: February 16, 2006
It is enacted by the General Assembly as
follows:
SECTION 1.
Sections 17-19-32, 17-19-33 and 17-19-38 of the General Laws in Chapter
17-19 entitled "Conduct of Election and
Voting Equipment, and Supplies" are hereby amended to
read as follows:
17-19-32.
Recording and signing of returns. -- Immediately upon the close of the
polls
the warden shall, in the presence of the other
election or primary election officers and the election
inspector, follow the procedure for the closing
of the unit set forth by the vendor of the optical
scan precinct count unit. The warden and clerk
shall sign the first copy of the tape containing the
votes cast and shall remove the tape from the
optical scan precinct count unit. The warden shall
then obtain three (3) additional copies of the
tape containing the vote totals from the optical scan
precinct count unit, and the warden shall
proceed to read off in a clear and loud voice the vote for
each candidate, and upon each question as indicated
by the vote totals on the printed tape and the
number of votes cast for persons not nominated. The
clerk shall thereupon copy the election
returns in ink in the record book of the
elective meeting now provided for by law, and the warden
shall compare the copy made in the book with the
vote totals on the tape obtained from the optical
scan precinct count unit, and if they are found
to agree, the warden, together with the clerk, shall
sign the record book. The records in the record
book shall show the votes registered by the optical
scan precinct count unit for each candidate and
person and for and against each question.
17-19-33.
Sealing of voting equipment -- Sealing and forwarding of results,
programmed memory cartridges and keys. -- (a) The four (4) copies
of the printout tape from
the optical scan precinct count unit obtained
pursuant to section 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 packaged
with the programmed memory cartridge attached to the
return sheet as provided in section 17-19-
11 and immediately delivered to the indicated site
as determined by the state board of elections
where it is processed and immediately
delivered to the state board of elections by 4:00 p.m. the
day following the election;
(2) The second
copy shall be posted at the polling place;
(3) The third
copy shall be immediately delivered to the local board of canvassers
attached to the return sheet as provided in
section 17-19-11, together with the polling place
supplies, including the key to the optical scan
precinct count unit; and
(4) The fourth
copy shall be included with the voted ballots and packaged pursuant to
this chapter.
(b) (1) The record
book shall be placed in a paper wrapper and shall be directed to the
town clerk.
(2) The record
book and envelope shall then be sealed with two (2) or more adhesive
labels affixed upon the envelope and package so that
they cannot be tampered with, and the labels
shall be signed in ink by the warden and clerk.
The envelope and record book shall not be opened
after they are once sealed up in the polling
place, by any person whatsoever, except the officer to
whom they are addressed.
(3) (5)
The ballot applications, used and unused, certified voter list
containing voters'
signatures shall be packaged separately and
returned to the local board of canvassers.
(4) (6)
All supervisor's completed official affidavits, forms, reports and
any other
miscellaneous reports and supplies shall be
packaged and delivered to the local board for
subsequent delivery to the state board.
(c) (b)
The warden shall:
(1) Remove all
voted ballots from the first 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 section
17-19-39.1;
(2) Remove all
voted ballots from the second 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 for manual
count. as uncounted ballots, and delivered to the local
canvassing authority. Any ballots packaged and
labeled as uncounted ballots shall remain sealed
and delivered to the state board by 4:00 p.m.
the following day for counting.
(d)(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 and the
manual counting of any ballots packaged as
having been removed from the emergency bin.
Forthwith upon completion of the counting of all
write-in votes and manual count ballots the
local canvassing authority shall place said
ballots in an appropriately labeled container which
shall remain in storage pursuant to the
requirements of section 17-19-39.1.
(e) (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.
17-19-38. Custody
of optical scan precinct count units pending return to storage. --
After the close of the polls, the local board
shall resume custody of the optical scan precinct count
units and voting booths, either in person or
through a police officer delegated for that purpose,
voting equipment until the optical
scan precinct count units are voting equipment is removed by
the state board or its designee, or some
person designated by it, and all voting booths are removed
by the local board. The local board shall
take all necessary measures to prevent the voting
equipment from being opened, tampered with,
injured, or damaged.
SECTION 2. This
act shall take effect upon passage.
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LC02220
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