Chapter 460

2006 -- H 7531 AS AMENDED

Enacted 07/07/06

 

A N A C T

RELATING TO ELECTIONS -- PRIMARIES

          

     Introduced By: Representatives Lewiss, Corvese, Kennedy, Pacheco, and Church

     Date Introduced: February 16, 2006

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 17-15-21 and 17-15-26 of the General Laws in Chapter 17-15

entitled "Primary Elections" are hereby amended to read as follows:

 

     17-15-21. Identification of party voters. -- Before permitting any person to vote in a

primary election, the warden or clerk and bipartisan pair of supervisors assigned by the warden

shall ascertain from the voting record appearing on the certified voting list that the voter is not

disqualified to vote by the provisions of section 17-15-24. The ballot applications used by the

party voters of each party shall be of a distinctive color. The clerk bipartisan pair of supervisors

shall provide the voter with the corresponding computer ballot for the primary election in which

the voter is eligible and desiring to vote. The warden shall take any steps that may be necessary to

assure that each voter is given the computer ballot upon which the voter is eligible to vote.

 

     17-15-26. Challenge as to right to vote -- Affidavit. Challenge of identity as to right

to vote – Whenever the identity of any person offering to vote is challenged at the polling place,

that person shall be permitted to vote only by using a provisional ballot as defined in section 17-

19-24.1. Any primary official or any watcher may challenge the right of any person offering

himself or herself to vote at the primary; and upon the challenge being made, the warden shall

require that person, before allowing the challenged person to vote, to make and sign an affidavit

that the person is a member of the party of which the person claims to be a member, and that the

person is not disqualified by reason of the provisions of section 17-15-24. The state board shall

prepare the forms for these affidavits, and furnish the warden with a sufficient number of them,

and three (3) or more copies of them shall be posted up in conspicuous places at the voting place

so that persons offering themselves to vote at the primary may have an opportunity to see and

read them.

 

     SECTION 2. Section 17-15-23 of the General Laws in Chapter 17-15 entitled "Primary

Elections" is hereby repealed in its entirety.

 

     17-15-23. Affidavit and examination of voter not listed. -- Any voter finding that his or

her name is not on the certified voting list to be used at the primary election may make an

affidavit before the local board, each member or employee of which is empowered to take his or

her affidavit, that he or she is not disqualified from participating in the primary election under the

provisions of section 17-15-24. The board may examine the voter, and if it finds that the voter is

qualified to vote in the primary, the voter shall, upon making the affidavit provided for in this

section, be allowed to vote either at the local board or at the polling place for the voting district in

which the voter resides. In the latter case, the local board shall issue a temporary registration

certificate as provided in section 17-10-18. Local boards shall be required to be continuously in

session during the hours assigned for voting in the town or city.

 

     SECTION 3. Sections 17-19-24, 17-19-25 and 17-19-27 of the General Laws in Chapter

17-19 entitled "Conduct of Election and Voting Equipment, and Supplies" are hereby amended to

read as follows:

 

     17-19-24. Procedure for voting. -- (a) Each person desiring to vote shall state his or her

name and residence, including that person's street address, if he or she has any, to one of the first

pair of bi-partisan supervisors, who shall then announce the name and residence in a loud and

distinct voice, clear and audible. As each voter's name is announced, the voter shall be handed a

ballot application in the following form:

     BALLOT APPLICATION

     (Poll List)

      Senatorial District __________

      Representative District ______

      Voting District ____________

     Election Date ________________

     I hereby certify that I am a registered and qualified elector in the above voting district of

     City of

     and hereby make application for ballots to be voted at this election.

      ________________

     

      (Signature of Voter)

      _________________

      (Residence Address)

      Number Approved_________________

      __________________

      (Supervisor of Election)

     (b) The voter shall sign the application in the presence and view of a A bipartisan pair.

They shall locate the voter's name on the certified voting list for the voting district. Upon finding

the voter's name on the certified voting list for the district, they the voter shall sign their name on

the line next to their printed name on the certified voter list, and the bipartisan pair shall initial the

ballot application certified voter list in the place provided next to the word "Approved" and shall

voter's signature entered on the certified list of voters. The bipartisan pair shall also make a proper

notation on the certified voter list that the applicant has voted in the election. If the bipartisan pair

cannot locate the voter's name on the certified voting list for the voting district the bipartisan pair

shall direct the voter to the clerk who shall review the certified list for the city or town and

determine if the voter is registered to vote and in which voting district they are eligible to vote.

     They shall then return the ballot application to the voter who shall pass down the line and

present it to the clerk. After the voter has handed the approved ballot application to the clerk, the

clerk shall provide the voter with the appropriate computer ballot and security sleeve, The

bipartisan pair of supervisors shall provide the voter with the appropriate computer ballot and

security sleeve. tThe warden shall direct the voter to the voting booth which the voter shall use,

and unless the voter needs instruction or assistance as provided in this chapter, the voter shall cast

his or her vote, and if he or she desires place the voted computer ballot in a security sleeve, and

shall proceed to the optical scan precinct count unit and shall personally place his or her voted

ballot into the designated ballot slot on the unit, and after doing so, shall leave the enclosure at

once. No voter shall remain within the voting booth longer than ten (10) minutes, and if the voter

refuses to leave after the lapse of ten (10) minutes, the voter shall be removed from the voting

booth by order of the warden. Except for the election officials and the election inspector, not

more than two (2) voters in excess of the number of voting booths shall be permitted within the

enclosed space at any time. (c) The optical scan precinct count unit shall be programmed to

return a ballot to the voter if the voter has cast votes for more persons than which he or she is

entitled to cast. The warden, by reading the message given on the optical scan precinct count unit,

must advise the voter of the fact that the ballot has been over-voted. The voter will be instructed

by the warden to remove his or her own ballot from the optical scan precinct count unit ballot

slot. The warden will then ask the voter to surrender the ballot as void and receive a new ballot. If

the voter agrees, the voter will make additional marks on the ballot so as not to identify the actual

votes intended by the voter for the ballot. The ballot will be marked void by the warden and

deposited in the receptacle for void ballots provided at the polling place. If the voter insists on

casting the over-voted ballot, he or she will be advised that all races, other than the over-voted

race, will be counted by the optical scan precinct count unit, and if he or she still insists, the

warden will manually override the appropriate control on the unit and allow for the ballot to be

entered and counted for all races other than the over-voted race. (d) In the event a voter

incorrectly marks a ballot by indicating his or her choices other than in the spaces provided for

them, the ballot will be returned to the voter. The warden, by reading the message given on the

optical scan precinct count unit, must advise the voter of the fact that the ballot has been marked

incorrectly. The voter will be instructed by the warden to remove his or her own ballot from the

optical scan precinct unit ballot slot. The warden will then advise the voter to surrender the ballot

as void and receive a new ballot. If the voter agrees, the voter will make additional marks on the

ballot so as not to identify the actual votes intended by the voter for the ballot. The ballot will be

marked void by the warden and deposited in the receptacle for void ballots provided at the polling

place. The warden will then provide for the instruction of the voter on the correct manner of

marking his or her vote and the voter will be issued a new ballot. If the voter insists on casting the

incorrectly marked ballot, the warden will manually override the appropriate control on the

optical scan precinct count unit and allow for the ballot to be accepted.

 

     17-19-25. Certified voting list -- Duty of bipartisan supervisor. -- As each ballot

application is presented to the clerk during the course of the identification of voters, the clerk

shall place it on a spindle or within a binder or container to be provided for that purpose by the

state board. Immediately upon the close of the polls, the clerk bipartisan pair of supervisors shall

securely bind, tie, or seal all of the ballot applications so preserved, certified voting list in the

manner that shall be required by the state board, and the clerk supervisors shall affix thereon his

or her their certificate under oath that the ballot applications marks within the certified voting list

next to each voter's name comprise one for each person who was permitted to pass before the

warden and to cast a vote at the election, and that to the best of his or her knowledge and belief no

person voted at the election who did not sign one of the within ballot applications the certified

voter list, and that each of the persons was identified in the manner provided by law before being

permitted to vote. The clerk bipartisan pair of supervisors shall then hand give the binder or

container of ballot applications certified voter list to the warden, who shall deliver them the list to

the local board together with the container or containers or registration cards affidavits and

materials used at the election.

 

     17-19-27. Affidavit as to identity of voter challenged -- Penalty for false affidavit.

Challenge of identity as to right to vote. -- (a) Whenever the identity of any person offering to

vote is challenged at the polling place, that person shall be permitted to vote only using a

provisional ballot as defined in section 17-19-24.1. upon making and filing with the warden an

affidavit in substantially the following form:

     Under the penalty prescribed by law I hereby make affidavit that I am

________________________________________ (here insert name) whose name appears upon

the voting list certified for use at the polling place in voting district ______________ of the city

(or town) of ________________, senatorial district ________________, representative district

________________, on the ________________ day of ______________ A.D. 20______, and

that the above name under which I offer to vote is my own name. 

________________________________  (Signature) Subscribed and sworn to on this

________________________________ day of ____________________________________ A.D.

20 ______, before me  ________________________________  Warden Witness:

________________________________

     (b) Any person required to sign the affidavit described in subsection (a) of this section

shall step out of line so that others may vote and the warden shall, at that time, fill out the

affidavit and a copy and permit that person to read and sign it and shall administer the oath as

required under this section, for which purpose every warden is empowered to administer, and to

attest it with his or her signature in proof of the administration of the oath. The designated

election official appointed on behalf of the opposite political party to that of the warden shall

witness the voter's signature and shall sign his or her own name in the appropriate space. The

original affidavit shall be retained by the warden and the copy shall be handed to the voter, who

shall immediately be permitted to vote. (c) At the closing of the polls, the warden shall seal up

the affidavits and cause them to be delivered to the local board together with the voting lists. (d)

Every person who makes a false affidavit under this section shall be guilty of a felony.

 

     SECTION 4. Sections 17-19-28 and 17-19-29 of the General Laws in Chapter 17-19

entitled "Conduct of Election and Voting Equipment, and Supplies" are hereby repealed in their

entirety.

 

     17-19-28. Temporary registration certificates. -- (a) Any person whose name is not on

the certified voting list for the city or town in which the voter resides and who claims a right to

vote may apply to the local board for a certificate entitling that person to vote. Upon receipt of

any application for a certificate, accompanied by proof of the identity of the applicant, the local

board shall inspect the registry records retained in the office of the board, and if the inspection

discloses that the applicant is qualified to vote at the election, the board shall issue to the

applicant its certificate, duly signed manually by the board or a member of the board, a copy of

which shall be retained by the board, addressed to the warden of the voting district in which the

applicant is found to be qualified to vote, and the certificate shall be marked "Temporary

certificate of registration" and shall have the same force and effect as the inclusion of the

applicant's name on the certified voting list. The certificate shall be presented to the warden and,

when presented, may be examined by the warden and by a designated election official appointed

on behalf of the opposite political party. It shall then be retained by the warden and returned to

the board at the time prescribed for the return of the certified voting list.

      (b) At the time that a temporary certificate is issued by the local board, a proper record

of this action shall be made and signed by the members of the board who ordered the issuance of

the certificate.

      (c) At the same time a voter receives a temporary certificate, the board shall prepare a

new registration card or cards, if necessary, containing the same information shown by the

registry records, which shall be executed and signed as provided in section 17-9.1-6; and if at any

other time a registration card of any person is not found and the local board determines that the

person was duly registered or is entitled to be registered, new registration cards, if necessary,

shall be completed in the same manner.

 

     17-19-29. Certificates and affidavits as public records. -- The temporary registration

certificates issued pursuant to section 17-19-28, and the affidavits delivered to the local board

pursuant to section 17-19-27, are declared to be public records and shall be open to public

inspection at all reasonable times.

 

     SECTION 5. This act shall take effect upon passage.

     

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LC02221

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