2013 -- S 0421

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LC01599

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTIONS

     Introduced By: Senators Crowley, Cool Rumsey, and Pichardo

     Date Introduced: February 26, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 17-19-1, 17-19-3, 17-19-21, 17-19-24.1, 17-19-37.1, 17-19-39.1,

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17-19-43 and 17-19-49 of the General Laws in Chapter 17-19 entitled "Conduct of Election and

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Voting Equipment, and Supplies" are hereby amended to read as follows:

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     17-19-1. Definitions. -- As used in this chapter, except as otherwise required by the

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context:

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      (1) "Computer ballot" means the paper ballot prepared by the office of the secretary of

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state for use in conjunction with the optical scan precinct count system;

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      (2) "Voting equipment" means an optical scan precinct count voting system, related

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memory device, all related hardware and software, and voting booths;

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      (3) "Warden" includes moderator; and vice versa;

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      (4) "Candidate" means any individual who has qualified under law to have his or her

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name appear on the ballot for nomination for election or election to office;

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      (5) "Write-in candidate" means any individual receiving votes or seeking election to

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office by virtue of having irregular ballots cast for him or her pursuant to section 17-19-31;

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      (6) "Public office" means any state, municipal, school or district office or other position

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that is filled by popular election, except political party offices which shall mean any state, city,

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town, ward or representative or senatorial district committee office of a political party or delegate

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to a political party convention, or any similar office; and

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      (7) A "Vote" shall be any mark made with the appropriate marking device within the

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optech ballot voting area between the head and tail of the arrow on the computer ballot next to the

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party, candidate, write-in candidate or question, as is applicable, for whom the voter casts his or

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her ballot, except as provided in section sections 17-19-37.4 or 17-20-24.

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     17-19-3. Voting equipment and services -- Specifications. -- (a) The office of secretary

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of state and the state board of elections shall submit specifications to the department of

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administration, which the department of administration shall consult in developing a request for a

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proposal, as set forth in section 17-19-2.1. These specifications must be submitted to the

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department of administration within thirty (30) days of the passage of this bill. These

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specifications and the request for a proposal for the options of purchasing, leasing to own or

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renting an optical scan precinct count voting system, and for a full service contract for an optical

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scan precinct count voting system, shall propose an optical scan precinct count system that shall

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be constructed and shall operate in a manner that meets the following minimum requirements:

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      (1) It shall enable the voter to:

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      (i) Mark his or her ballot and cast his or her vote in secrecy;

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      (ii) Vote for all candidates of political parties or organizations, and for or against

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questions as submitted;

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      (iii) Vote for all the candidates of one party or in part for the candidates of one or more

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other parties;

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      (iv) Vote for as many persons for an office as the voter is lawfully entitled to vote for,

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but no more; and

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      (v) Vote on any question the voter may have the right to vote on;

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      (2) It shall prevent the voter from voting for the same person more than once for the

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same office;

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      (3) The voting equipment shall allow the voter to cast one vote, thereby allowing the

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voter to vote for all the presidential electors of a party by marking one mark on the ballot, and a

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ballot containing only the words "presidential electors for" preceded by the name of that party

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and followed by the names of the candidates of that party for the offices of president and vice-

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president; provided, that means shall be furnished by which the voter can cast a vote in part for

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the candidates for presidential electors of one party, and in part for those of one or more other

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parties or in part or in whole for persons not nominated by any party;

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      (4) The optical scan precinct counting system shall meet the following specifications:

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      (i) Vote counting, including absentee ballots, shall be performed through the use of

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automated electronic equipment;

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      (ii) All vote counting shall be performed on equipment supplied as part of the bid. The

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system shall not require the use of non-supplied equipment to count ballots or tabulate results;

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      (iii) There shall be privacy enclosures in which a voter may mark his or her ballot or

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otherwise cast his or her vote in secret;

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      (iv) There shall be a device located in each polling place that can record the vote count

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and tally the vote count in that polling place and which can produce a printed tally of all races

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contained on said ballot in human readable form. The device shall automatically print a "zero

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report" at the beginning of the day when the device is activated. The device that receives ballots

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for counting shall have an external counter indicating the number of ballots received. The actual

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vote tally shall be capable of being performed only by election officials and shall not be visible

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during the actual voting process. Each recording device shall rest on a ballot box which must

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have compartments with doors that lock for security of voted ballots and ease of access;

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      (v) As part of the voting process, there shall be created a physical ballot showing the

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votes cast by an individual voter which is capable of being hand counted so that electronic

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recorded device totals can be checked for accuracy for auditing purposes, or in the event that a

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recount conducted pursuant to this chapter indicates a discrepancy in the number of votes cast in

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an election or ballot question, or where necessary to ascertain voter intent as provided herein, or

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to otherwise ensure implementation of a voter's exercise of his or her right to vote. The device

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must be able to accept a one, two (2) or three (3) column ballot which can be printed on one or

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both sides;

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      (vi) There shall be a device at each polling place to receive the physical audit trail of

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ballots cast and which shall securely store the ballots and have the capability of restricting access

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to the ballots only to authorize officials;

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      (vii) In the event of loss of electrical power, the polling place vote count shall be stored

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on an ongoing basis in media which will retain the count of the votes cast to that point in time for

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a period of no less than five (5) years;

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      (viii) The polling place vote counts shall be stored on a stable media which may be

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easily transported and which may be accessed and counted by an electronic device so that state,

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city and/or town vote totals can be electronically calculated by combining individual polling

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place totals. It shall not be necessary to enter individual polling place totals by and into a central

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computer or device for the purpose of producing the state, city and/or town totals, but rather the

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electronic media on which the polling place totals are stored shall be directly readable and

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accessible by a regional or central device;

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      (ix) There shall be a device which has the capability to electronically read the storage

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device upon which the individual polling place totals are stored and which shall produce a

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combined total for all races, which total can be printed in easily readable and legible form in a

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format prescribed by the state board of elections;

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      (x) The system provided shall allow the secretary of state to have the capability to design

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the ballot format;

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      (xi) The system shall provide a capability for the state, without the use of outside

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services, to set up and prepare the counting devices to total an election; and

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      (xii) The system must be capable of receiving voted ballots without counting when

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without power, and must provide for securely storing uncounted ballots;

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      (5) The following minimum equipment shall be required for the state:

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      (i) There shall be six hundred (600) units to permit counting to be conducted in each

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polling place within the state with a reserve of equipment on hand;

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      (ii) There shall be sufficient voting booths to allow one voting booth for approximately

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every one hundred seventy-five (175) voters as determined in this title;

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      (iii) The number of polling place units and voting booths must be sufficient to permit the

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election to run smoothly without excessive waiting of voters;

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      (iv) If there is an increase in the number of polling places statewide during the term of

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the contract, the vendor will supply additional polling place units and voting booths at a cost

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proportional to the cost of the initial units pro rated for the balance of the agreement years;

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      (v) (A) There shall be high speed absentee vote tabulating equipment. These tabulators

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as a whole must be capable of counting a minimum of four hundred (400) absentee ballots per

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minute. The tabulators shall utilize the same ballots used in the polling place;

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      (B) This system shall have the following capabilities in connection with the counting of

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ballots and producing results:

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      (I) This system shall be able to read the media from the polling place units on which

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polling place results are stored and shall be able to compile polling place results producing a

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ballot total for each race; and

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      (II) This system shall be capable of producing and printing out ballot totals on a polling

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place by polling place basis for each race, and shall be capable of producing a final total and

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subtotals of all races from all races and polling places in the state. All totals must be able to be

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produced at any time based upon the number of polling places counted up to that point in time,

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and these printout results shall state the number of precincts counted and the percentage of

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precincts reporting;

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      (vi) There shall be all equipment necessary to program the system and erase the memory

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devices;

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      (vii) Regional tabulating equipment shall be located in each of the thirty-nine (39) local

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boards of canvassers and the central tabulation equipment shall be located at the state board of

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elections. The state board of elections, thirty (30) days prior to an election, shall determine which

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regional and/or central tabulation sites are to be utilized for the election. The tabulation system

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shall have the following capabilities in connection with the counting of ballots and producing

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results:

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      (A) This system shall be able to read the media from the polling place units on which

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polling place results are stored and shall be able to compile polling place results producing a

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ballot total for each race;

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      (B) This system shall be capable of producing and printing out ballot totals on a polling

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place by polling place basis for each race and shall be capable of producing a final total and

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subtotal of all races from all races and polling places in the state;

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      (C) All totals must be able to be produced at any time based upon the number of polling

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places counted up to that point in time, and the printout results shall state the number of precincts

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counted and the percentage of precincts reporting; and

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      (D) This system shall be capable of transferring information gathered at each regional

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site to the central site, and shall also be capable of transferring information gathered at the central

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site to a specific regional site;

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      (6) All necessary programming and accumulation software shall be provided to run the

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election system in accordance with the required specifications as well as all necessary and

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required modules. Any software updates during the term of the agreement shall not be charged to

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the state;

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      (7) The vendor of the optical scan precinct count system shall provide written proof of

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compliance with Federal Election Commission standards from an independent testing company

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and this written proof must be on file with the office of the secretary of state and the state board

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of elections;

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      (8) The vendor shall also provide the following information to be included in the

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vendor's bid proposal:

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      (i) (A) An audited financial statement covering the previous five (5) years, and if the

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vendor is not the manufacturer of the equipment, both the agent and manufacturer must submit an

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audited financial statement covering the previous five (5) years with the bid;

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      (B) In the event that either the vendor, agent, or manufacturer has been in existence for

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less than five (5) years, that entity must submit an audited financial statement for each and every

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full year that they have been in existence;

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      (ii) Proof of experience in the field of elections including, but not limited to, years of

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experience in this field, and experience with a jurisdiction having the same needs as the state of

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Rhode Island; and

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      (iii) Names and addresses of the support organizations that will provide support of all

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equipment.

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      (b) The full service plan shall include the following services, but, at the discretion of the

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department of administration, shall not be limited to the following services:

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      (1) Computer coding and layout of all ballots to be used in each election under contract

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in conjunction with the office of the secretary of state, including the printing of the ballot and the

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preparation of the device to ensure that the ballots are compatible with the device. Subsequent

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thereto, the state board of elections shall be responsible for the following:

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      (2) Testing of each unit for logic and accuracy;

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      (3) Testing of each programmed memory cartridge;

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      (4) Set up of each optical scan precinct count unit at each polling place;

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      (5) Maintenance of all optical precinct count units;

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      (6) Training of poll workers;

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      (7) On-site election night staff at the central tabulation location and any other locations

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as may be determined by the state board to receive and transmit election results;

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      (8) On-site election day field technicians to respond to repair calls;

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      (9) Providing the following equipment and supplies:

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      (i) Secrecy covers for voted ballots;

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      (ii) Demonstration ballots;

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      (iii) Precision cut shell program ballots ready for printing with timing marks;

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      (iv) Marking pens;

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      (v) Ballot transfer cases;

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      (vi) Envelopes for mailing and receiving absentee ballots; and

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      (vii) Printer ribbons, paper tape rolls and seals.

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      (c) Any bid specifications for an optical scan precinct count system and a full service

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agreement for an optical scan precinct count system that do not conform in all respects to the

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requirements of subdivisions (a)(1) -- (b)(9)(vii) of this section shall not be submitted to the

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office of the department of administration; provided, that the director of administration may

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waive any one of the requirements with respect to the full service agreement portion of the bid,

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after consultation with the chairperson of the state board of elections and the secretary of state, in

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order to preserve an otherwise acceptable bid.

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      (d) Upon expiration of the initial full service agreement as set forth in the provisions of

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section 17-19-2.1, the state board shall conduct a review of the election system, provide a report

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to the general assembly and shall subsequently assume responsibility for establishing minimum

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requirements and specifications for the procurement of voting equipment and services.

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     (e) The board of elections shall specify, by promulgated regulation, all programming

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standards of the voting equipment that relate to the equipment's acceptance or rejection of ballots,

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or of particular votes on a ballot, due to overvoting, undervoting, or any other reason.

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     17-19-21. Arrangement of polling places -- Election officials -- Police officers. -- (a)

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The polling places shall be established, equipped, and furnished with the paraphernalia necessary

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for the conduct of each election, by the officers and in the manner provided by this title. There

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shall be placed, outside each polling place, a clearly marked sign to be provided by the state

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board of elections indicating the location of the polling place. This sign shall be of a conspicuous

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nature, and shall be visible from the street. The area within which the balloting is conducted shall

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be arranged with a guard rail having one place for entrance and another place for exit. The rail

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shall be placed so that only persons admitted inside the rail can approach within five (5) feet of

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any voting booth or optical scan precinct count unit. The voting booths and optical scan precinct

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count unit shall be placed so that the warden and the clerk shall always have a clear view of the

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front of each voting booth and the optical scan unit. It shall be the duty of the warden to direct the

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location of the voting equipment in relation to the guard rail and the posts of the warden and the

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clerk so as to enforce the requirements of this section.

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      (b) One bipartisan pair of supervisors, the clerk, and the warden shall be stationed, in

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that order, along the guard rail so that a voter desiring to cast a ballot will pass first in front of the

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bipartisan pair, then in front of the clerk, and finally in front of the warden. A second bipartisan

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pair shall be stationed within the guard rail and shall be available to relieve the first bipartisan

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pair or the clerk, and to assist voters within the limits prescribed by this title. The second

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bipartisan pair, when not engaged in the preceding duties, shall watch the voters in and about the

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voting equipment and shall call to the attention of the warden any violation, or circumstance

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suggesting a violation, of the provisions of this title.

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      (c) The chiefs of police of cities and towns, and town sergeants of towns having no chief

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of police, shall detail a certain number of police officers to each polling place as may be

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requested by the local board. The police officers shall preserve order at each polling place and

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within two hundred (200) feet of the polling place. It shall be the duty of every police officer or

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other peace officer or constable to arrest without warrant any person detected in the act of

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violating the provisions of this chapter, but no arrest shall be made without the approval of the

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warden.

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      (d) The election officials provided in subsections (a) and (b) of this section shall be

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provided with, and shall be required to prominently display upon their persons, identification

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badges which shall designate that person as an election official. Powers and duties of all

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designated election officials at polls shall be posted in a conspicuous and prominent location

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within the voting place, preferably with the posted sample ballot.

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     (e) Any person may enter a polling place to observe its operation and take notes, provided

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that the person does not disturb the conduct of the voting process or engage in electioneering

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activity otherwise prohibited by this title.

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     17-19-24.1. Provisional voting under the Help America Vote Act of 2002. -- (a) If an

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individual's name does not appear on the certified voting list as provided for in section 17-19-

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24(b) and the individual is eligible to vote in an election for federal office or an election official

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asserts that the individual is not eligible to vote in the district in which the individual desires to

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vote, then the individual shall be permitted to cast a provisional ballot as provided in Section 302

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of the Help America Vote Act (P.L. 107-252) [42 U.S.C. section 15481].

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      (b) Provisional ballots provided for in this section shall be cast in accordance with rules

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and regulations which shall be promulgated by the state board of elections in accordance with the

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Help America Vote Act (P.L. 107-252) [42 U.S.C. section 15301 et seq] and this section.

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     (c) If an individual casting the ballot is a registered voter in the city/town and precinct in

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which he or she voted, a provisional ballot shall be counted as a full ballot.

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     (d) If the individual is a registered voter in the city/town and proper congressional

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district, but not the precinct in which he or she voted, the ballot will be counted for all federal,

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state-wide, city-wide or town-wide elections and for all ballot questions.

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     (e) In all other instances, where the individual is not a registered voter in the city/town or

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is in the wrong congressional district in which the individual cast his/her ballot, the ballot shall be

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counted for all elections and ballot questions for which the person is qualified, by reason of

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residency, to vote.

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     (f) To the extent not prohibited by federal law:

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     (1) The name, designation of party affiliation, street address, city or town, and previous

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name and address of an applicant for a provisional ballot, the reason for the provisional ballot,

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and the disposition of the provisional ballot shall be public; and

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     (2) The determination process for the disposition of a provisional ballot shall be

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conducted in public.

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     (g) Any person who is given a provisional ballot because he or she is a first-time voter

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who directly registered by mail and failed to provide the identifying information required by the

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Help America Vote Act at the time of registration or prior to his or her vote shall have forty-eight

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(48) hours from the close of the polls to provide the necessary identification in order to have his

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or her vote counted.

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     (h) Between fifteen (15) and forty (40) days before a statewide election, the board shall

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send a written notice by first-class mail to every mail registrant who failed to provide the

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identifying information required by the Help America Vote Act at the time of registration or prior

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to his or her vote. The notice shall inform the registrant of his or her need to provide

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identification in order to have his or her vote counted, and describe the types of identification that

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are acceptable. The notice shall be written in such a manner as to ensure ease of comprehension

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by the recipients.

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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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     (4) Marked ballots, including those returned by the optical scan machine as programmed

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in accordance with this section, shall be available for inspection and copying by any person,

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subject to reasonable security procedures.

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     (5) Nothing contained herein shall be construed to bar or prevent the manual recount of

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ballots upon request of an individual eligible to request a vote recount pursuant to this section.

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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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     17-19-39.1. Voted ballot storage and security. -- Voted computer ballots that were

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counted at the state board shall be stored in containers by the state board until the expiration of

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twenty-two (22) months from the date of election and the final result of any disputed results in

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that election and voted computer ballots that were voted and packaged at a local precinct or

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counted at the local board shall be held and stored in containers by the local board in accordance

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with the regulations promulgated by the state board until the expiration of twenty-two (22)

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months from the date of election and the final result of any disputed results in that office. The

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voted ballots shall remain stored in the appropriate containers, but shall be available for

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inspection and copying by any person subject to reasonable security procedures unless ordered to

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be opened by the state board or a court of law. The computer file containing ballot layout

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information and candidate totals shall be transferred to a disk and retained permanently.

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      Notwithstanding the requirements of this section, the state board shall have the authority

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to examine and inspect the voted ballots subsequent to the certification of an election and the final

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resolution of any disputed results in that election.

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     17-19-43. Tampering with sample ballot. -- Every person who willfully and without

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lawful authority and the final resolution of any disputed destroys, secretes, removes, defaces,

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alters, tampers, or meddles with a sample ballot posted at the polling place, shall be guilty of a

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felony.

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     17-19-49. Political literature and influence. -- No poster, paper, circular, or other

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document designed or tending to aid, injure, or defeat any candidate for public office or any

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political party on any question submitted to the voters shall be distributed or displayed within the

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voting place or within fifty (50) feet of the entrance or entrances to the building in which voting is

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conducted at any primary or election. Neither shall any election official No voter other than a

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voter in the process of casting his or her own vote may display on his or her person within the

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voting place any political party button, badge, or other device election paraphernalia tending to

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aid, injure, or defeat the candidacy of any person for public office or any question submitted to

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the voters or to intimidate or influence the voters.

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     SECTION 2. Chapter 17-19 of the General Laws entitled "Conduct of Election and

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Voting Equipment, and Supplies" is hereby amended by adding thereto the following section:

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     17-19-37.4. Irregularities not impairing validity of ballots. -- (a) No ballot returned by

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the optical scan machine pursuant to a recount under sections 37.1 through 37.3 of this chapter

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shall be rejected for any immaterial addition, omission, or irregularity in the preparation or

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execution of the computer ballot. No ballot shall be invalid by reason of mistake or omission in

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writing in the name of any candidate where the candidate intended by the voter is plainly

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identifiable. Where, because of any defect in marking, a ballot is held invalid as to any particular

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candidate for office, it shall remain valid as to the candidates for other offices. No defect in the

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marking of the appropriate space associated with casting a vote shall invalidate any ballot or a

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vote for any candidate, where the intention of the voter is clearly indicated.

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     SECTION 3. Section 17-22-5.2 of the General Laws in Chapter 17-22 entitled

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"Tabulation and Certification of Returns by State Board" is hereby amended to read as follows:

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     17-22-5.2. Certificates of local elections -- Statement to secretary of state. -- The local

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board shall immediately, after the result has been ascertained, furnish to the secretary of state a

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statement of the number of votes cast in the city or town for each candidate, the total number of

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votes cast in the city or town for and against any proposed amendment to a charter or question,

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and the names of the respective candidates elected and the offices to which they have been

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respectively elected.

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     Nothing contained herein shall be construed to affect the certification provisions

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established by section 17-19-36.

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     SECTION 4. Section 17-18-11 of the General Laws in Chapter 17-18 entitled "Elective

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Meetings" is hereby amended to read as follows:

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     17-18-11. Time of closing of polls. -- Elective meetings in all cities and towns shall be

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continuously kept open for voting until 8 p.m.; provided, that any qualified voter who is within

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the building at the polling location in which the elective meeting is being conducted and is

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waiting in line to vote at 8 p.m. shall be entitled to cast his or her vote. When all persons entitled

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to vote have been afforded a reasonable opportunity to do so, the polls shall be closed.

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     SECTION 5. Section 42-35-18 of the General Laws in Chapter 42-35 entitled

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"Administrative Procedures" is hereby amended to read as follows:

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     42-35-18. Effective date of chapter -- Scope of application and exemptions. -- (a) This

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chapter shall take effect upon January 1, 1964, and thereupon all acts and parts of acts

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inconsistent herewith shall stand repealed; provided, however, that except as to proceedings

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pending on June 30, 1963, this chapter shall apply to all agencies and agency proceedings not

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expressly exempted.

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      (b) None of the provisions of this chapter shall apply to the following sections and

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chapters:

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      (1) Section 16-32-10 (University of Rhode Island);

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      (2) Chapter 41 of title 16 (New England Higher Education Compact);

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      (3) Section 16-33-6 (Rhode Island College);

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      (4) Chapter 16 of title 23 (Health Facilities Construction Act);

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      (5) Chapter 8 of title 20 (Atlantic States Marine Fisheries Compact);

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      (6) Chapter 38 of title 28 (Dr. John E. Donley Rehabilitation Center);

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      (7) Chapter 7 of title 17 (State Board of Elections) Chapter 7 of title 17 (Board of

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Elections);

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      (8) Chapter 16 of title 8 (Judicial Tenure and Discipline);

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      (9) Chapter 61 of title 42 (State Lottery);

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      (10) Chapter 24.4 of title 45 (Special Development Districts);

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      (11) Chapter 12 of title 35 (The University of Rhode Island Research Corporation).

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      (c) The provisions of sections 42-35-9, 42-35-10, 42-35-11, 42-35-12 and 42-35-13 shall

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not apply to:

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      (1) Any and all acts, decisions, findings, or determinations by the board of review of the

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department of labor and training or the director of the department of labor and training or his, her,

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its or their duly authorized agents and to any and all procedures or hearings before and by the

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director or board of review of the department of labor and training or his or her agents under the

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provisions of chapters 39 -- 44 of title 28.

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      (2) Section 28-5-17 (Conciliation of charges of unlawful practices).

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      (3) Chapter 8 of title 13 (Parole).

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      (4) Any and all acts, decisions, findings or determinations by the administrator of the

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division of motor vehicles or his or her duly authorized agent and to any and all procedures or

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hearings before and by said administrator or his or her said agent under the provisions of chapters

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10, 11, 31 to 33, inclusive, of title 31.

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      (5) Procedures of the board of examiners of hoisting engineers under chapter 26 of title

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28.

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      (6) Any and all acts, decisions, findings, or determinations made under authority from

13-53

the provisions of chapters 29 -- 38 of title 28, concerning workers' compensation administration,

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procedure and benefits.

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     SECTION 6. Chapter 17-19 of the General Laws entitled "Conduct of Election and

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Voting Equipment, and Supplies" is hereby amended by adding thereto the following section:

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     17-19-37.4. Risk-limiting audit pilot program. -- (a) The board of elections shall

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establish a risk-limiting audit pilot program in five (5) or more cities and towns to improve the

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accuracy of, and public confidence in, election results. The board is encouraged to include urban

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and rural cities and towns.

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     (b) The pilot program shall be conducted as follows:

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     (1) During the year 2014, each city or town that participates in the pilot program shall

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conduct a risk-limiting audit of one or more contests after each election in that jurisdiction.

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     (2) A local canvassing authority conducting an audit pursuant to this section shall do all

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of the following:

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     (i) Provide at least a five (5) day public notice of the time and place of the random

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selection of the audit units to be manually tallied and of the time and place of the audit;

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     (ii) Make available to the public a report of the optical scan voting system results for the

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contest, including the results for each audit unit in the contest, prior to the random selection of

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audit units to be manually tallied and prior to the commencement of the audit;

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     (iii) Conduct the audit upon tabulation of the town election results as provided in section

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17-19-36 and complete the audit within seven (7) days after the election; and

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     (iv) Conduct the audit in public view by hand.

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     (3) On or before April 1, 2015, the state board of elections shall report to the general

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assembly on the effectiveness and efficiency of risk-limiting audits conducted pursuant to this

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section. The report shall include an analysis of the efficiency of risk-limiting audits, including the

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costs of performing the audits.

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     (4) An audit shall not be conducted pursuant to this section with respect to a state or

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multijurisdictional contest unless all of the cities and towns involved in the contest choose to

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participate in the pilot program authorized by this section.

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     (c) For purposes of this section, the following terms have the following meanings:

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     (1) "Audit unit" means a precinct, a set of ballots, or a single ballot. A precinct, a set of

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ballots, or a single ballot may be used as an audit unit for purposes of this section only if all of the

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following conditions are satisfied:

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     (i) The relevant optical scan tabulating device is able to produce a report of the votes cast

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in the precinct, set of ballots, or single ballot.

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     (ii) The elections official is able to match the report described in paragraph (i) with the

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ballots corresponding to the report for purposes of conducting an audit pursuant to this section.

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     (iii) Each ballot is assigned to not more than one audit unit.

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     (2) "Contest" means an election for an office or upon a ballot question.

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     (3) "Risk-limiting audit" means a manual tally of cast ballots employing a statistical

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method that ensures a large, predetermined minimum chance of requiring a full manual tally

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whenever a full manual tally would show an electoral outcome that differs from the outcome

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reported by the vote tabulating device for the audited contest. A risk-limiting audit shall begin

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with a hand tally of the votes in one or more audit units and shall continue to hand tally votes in

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additional audit units until there is strong statistical evidence that the electoral outcome is correct.

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In the event that counting additional audit units does not provide strong statistical evidence that

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the electoral outcome is correct, the audit shall continue until there has been a full manual tally to

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determine the correct electoral outcome of the audited contest.

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SECTION 7. This act shall take effect upon passage.

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LC01599

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTIONS

***

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     This act would make extensive changes to the elections laws, including the definition of

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what a vote is, and would allow a voter to take or use election paraphernalia into a polling place.

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It would also make the board of elections subject to the Administrative Procedures Act.

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     This act would take effect upon passage.

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LC01599

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