2013 -- S 0553

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LC01581

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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 - ELECTIVE MEETINGS

     Introduced By: Senators Lynch, Nesselbush, Miller, Goldin, and Cool Rumsey

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 17-18 of the General Laws entitled "Elective Meetings" is hereby

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amended by adding thereto the following section:

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     17-18-10.1. In-person early voting. -- (a) In-person early voting shall be made available

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to any registered and eligible elector for all elections, except that in-person early voting shall not

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be made available for special elections.

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     (b) In-person early voting shall begin on the twenty-first (21st) day before a general

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election and end on, and include, the Saturday before a scheduled general election. In-person

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early voting shall begin on the thirteenth (13th) day before a primary election and end on, and

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include, the Saturday before a scheduled primary election.

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     (c) During the in-person early voting period as set forth in subsection (b) above, in-

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person early voting shall take place at locations to be determined by each local board and

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approved by the state board. Adequate notice shall be posted at each local board’s office

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informing the public of the locations where in-person early voting is being conducted. Said notice

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shall be posted at least seven (7) days prior to the beginning of the in-person early voting period

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and shall be filed electronically with the secretary of state in accordance with subsection 42-46-

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6(f). In-person early voting shall take place during the hours of 9:00 a.m. to 4:30 p.m. on any

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Saturday, Sunday, Monday, Tuesday or Wednesday of in-person early voting and shall take place

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during the hours of 12:00 p.m. to 8:00 pm on any Thursday or Friday of in-person early voting.

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     At the end of each day of the in-person early voting period, the voting equipment and

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supplies shall be stored at each location in a safe and secure place. Each in-person early voting

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location shall be situated in a building that can be entered and exited by persons who are disabled

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or elderly. Additionally, each in-person early voting location shall have adequate parking.

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     (d) Prior to the in-person early voting period, the state board shall provide the local

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boards with the ballots, ballot applications, tabulation equipment, ballot storage boxes, voting

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booths, instructions as to voting, and other supplies necessary to effectuate the provisions of this

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section. During the in-person early voting period, the state board shall provide technical support

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as needed at in-person early voting sites.

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     (e) The local board shall provide a ballot and ballot envelope to any early voter in

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accordance with the provisions of section 17-19-24. The early voter shall be provided with a

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voting booth identical to the voting booths used on the regularly scheduled election days. Once

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the early voter has completed the ballot, the early voter shall place the ballot in the ballot

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envelope and seal the envelope. An official of the local board shall mark the envelope with the

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appropriate voting precinct designation and return the envelope to the early voter. The early voter

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shall place the envelope in the ballot box.

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     (f) The ballot boxes shall be locked and sealed and the keys shall remain in the

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possession of a designated official of the state board. An official of the state board shall collect

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the contents of the ballot boxes periodically after in-person early voting ends on each day, and in

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no event later than midnight on the day before the election, and shall transfer the ballots to the

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office of the state board for counting and tabulating purposes in the same manner as mail ballots,

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pursuant to section 17-20-26.

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     (g) Except as herein provided for otherwise, all other provisions of title 17 ("Elections")

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shall be in and remain in effect.

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     SECTION 2. Section 17-1-3 of the General Laws in Chapter 17-1 entitled "General

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Provisions" is hereby amended to read as follows:

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     17-1-3. Eligibility to vote. -- Every citizen of the United States who is at least eighteen

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(18) years of age, whose residence as defined in § 17-1-3.1 has been in this state for at least thirty

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(30) days, and in the town or city and voting district in which that person desires to cast his or her

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vote at least thirty (30) days next preceding the election, and who is registered in that city or town

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and voting district at least thirty (30) days next preceding any election, shall be entitled to vote in

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the election; provided, a person may vote in a primary election only if that person is eligible

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under the provisions of this title. A person who has not registered to vote, or whose registration

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has been canceled pursuant to § 17-10-1, may cast a vote for president and vice-president on

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election day at his or her city or town hall or at an alternate location designated by the local board

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of canvassers, and approved by the board of elections, where such location is deemed necessary

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to better accommodate such voters.; provided, however, that persons so entitled may not register

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and cast a vote for president and vice-president during the in-person early voting period. The

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casting of that vote shall commence the process of voter registration and subject the person voting

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to the requirements and penalties of this chapter.

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     SECTION 3. Section 17-19-19 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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     17-19-19. Custody of machines during voting. -- During the time that the polls are

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open, and until the optical scan precinct count unit and voted computer ballots are finally locked

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and sealed and the removable keys thereof sealed up for transmission to the state board as

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provided in this chapter, the optical scan precinct count units, memory cartridges, and voted

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computer ballots shall remain in the care and custody of the warden, who shall see that the voting

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equipment is not defaced or injured by any voter or any other person. During the entire time in

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which the polls are open for voting, the ballot compartments shall be kept closed and locked;

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provided, that the emergency bin compartment slot shall be opened as provided in § 17-19-20.

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The vote totals are not to be printed under any circumstances during the time the polls are open

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for voting. Vote totals from the in-person early voting precincts are not to be printed under any

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circumstances prior to the scheduled closing of the polls of the regularly scheduled election day,

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in accordance with state law.

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     SECTION 4. This act shall take effect upon passage.

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LC01581

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS - ELECTIVE MEETINGS

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     This act would create a process for in-person early voting before the actual election day.

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     This act would take effect upon passage.

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LC01581

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