2013 -- H 5672

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LC01186

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ELECTIONS - CONDUCT OF ELECTIONS AND VOTING EQUIPMENT

AND SUPPLIES

     

     

     Introduced By: Representatives San Bento, Palangio, Kennedy, Hull, and Lombardi

     Date Introduced: February 27, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-19-37.1 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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     17-19-37.1. Recount eligibility -- Candidates for public office. -- A candidate for

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election or nomination for election to public office shall be eligible to request a recount of the

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votes cast in his or her race pursuant to the following:

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      (1) In those races in which a single candidate is elected a candidate who trails the

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winning candidate may request a recount of the votes cast at each precinct by a manual re-feeding

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of the computer ballots cast in said race into the optical scan voting equipment provided that the

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candidate shall trail the winning candidate by less than the following number of votes:

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      (a) In those races where the number of votes cast is less than or equal to twenty thousand

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(20,000) the candidate requesting the recount shall trail the winning candidate by two percent

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(2%) or two hundred (200) votes, whichever is less; in those races where the number of votes cast

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is between twenty thousand one (20,001) and one hundred thousand (100,000) the candidate

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requesting the recount shall trail the winning candidate by one percent (1%) or five hundred (500)

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votes, whichever is less; and, in those races where more than one hundred thousand (100,000)

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votes are cast the candidate requesting the recount shall trail the winning candidate by one-half of

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one percent (1/2%) or one thousand five hundred (1,500) votes, whichever is less.

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      (b) For the purpose of determining recount eligibility, as prescribed in subsections (1)(a)

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and (3) of this section, the number of votes cast in a race shall include the votes cast for

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candidates and irregular ballots cast pursuant to section 17-19-31.

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      (2) In those races in which more than one candidate is elected a candidate who trails the

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winning candidate may request a recount of the votes cast at each precinct by a manual re-feeding

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of the computer ballots cast in said race into the optical scan voting equipment provided that the

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candidate shall trail the winning candidate by less than the following number of votes:

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      (a) In those races where the number of votes cast is less than or equal to five thousand

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(5,000) the candidate requesting the recount shall trail the winning candidate by two percent (2%)

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or fifty (50) votes, whichever is less; in those races where the number of votes cast is between

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five thousand one (5,001) and twenty thousand (20,000) the candidate requesting the recount

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shall trail the winning candidate by one percent (1%) or one hundred (100) votes, whichever is

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less; and in those races where more than twenty thousand (20,000) votes are cast the candidate

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requesting the recount shall trail the winning candidate by one-half of one percent (1/2%) or one

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hundred fifty (150) votes, whichever is less.

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      (b) For the purpose of determining recount eligibility, as prescribed in subsections (2)(a)

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and (3) of this section, the total number of votes cast in a race shall be determined by dividing the

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total number of votes eligible to be cast in the race by the number of candidates for whom each

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voter was eligible to cast votes.

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      (3) Notwithstanding the requirements of subsections (1)(a) and (2)(a) of this section, a

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candidate who trails the winning candidate by five percent (5%) or less, but more than the

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minimum percentage or number of votes as required in subsections (1)(a) or (2)(a) of this section,

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as applicable, may petition the state board to conduct a recount of the votes cast at each precinct

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by re-reading the programmed memory device or devices and comparing the results and totals

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obtained at such recount with the results and totals obtained on election night. If, after said

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recount, a candidate shall trail the winning candidate by less than the number of votes prescribed

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in subsection (1)(a) or (2)(a) of this section, as the case may be, the candidate may request a

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recount of the votes cast at each precinct to subsection (1)(a) or (2)(a) of this section, as is

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applicable.

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     Mail ballots counted by the board of elections shall not be recounted except where

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competent evidence of irregularities would support an order by the board of elections. No

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precinct cast ballot may be reviewed for voter intent by the board of elections except in a case

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where competent evidence would support an order by the board of elections.

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     The state board shall have the authority to adopt rules and regulations to implement and

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administer the provisions of this section.

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     SECTION 2. This act shall take effect upon passage.

     

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LC01186

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS - CONDUCT OF ELECTIONS AND VOTING EQUIPMENT

AND SUPPLIES

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     This act would allow recount of mail ballots and precinct cast ballots only where there is

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competent evidence of irregularities.

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     This act would take effect upon passage.

     

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LC01186

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H5672