2015 -- H 6312

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LC002853

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO ELECTIONS-PURCHASE OF VOTING EQUIPMENT AND SERVICES

     

     Introduced By: Representatives Fogarty, Ackerman, Maldonado, Carson, and Hearn

     Date Introduced: June 11, 2015

     Referred To: House Judiciary

     (Secretary of State)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-6-1 of the General Laws in Chapter 17-6 entitled "Secretary of

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State" is hereby amended to read as follows:

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     17-6-1. General powers and duties. -- (a) The secretary of state shall have those

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functions, powers, and duties relating to elections that may be provided by this title or any other

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law not inconsistent with this chapter. The secretary of state shall maintain a central roster of all

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elected and appointed officers of the state, including for each officer the nature of the officer's

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tenure and the date of expiration of the officer's term of office. The secretary of state shall

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maintain a central register of all persons registered to vote in the several cities and towns and

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shall add, amend, delete, and cancel any names appearing on the register as certified to the

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secretary by the several local boards and by the state board.

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      (b) The secretary of state may compile and publish a complete edition of the election

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law, which the secretary shall make available to all election officials and candidates upon request,

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and without charge. The secretary of state shall receive and file certificates of election results as

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provided by this title.

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     (c) Notwithstanding any provisions of the general laws to the contrary, the office of the

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secretary of state shall have the exclusive authority to procure voting systems and voting system

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related services on behalf of the state.

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     SECTION 2. Sections 17-19-1 and 17-19-3 of the General Laws in Chapter 17-19

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entitled "Conduct of Election and Voting Equipment, and Supplies" are hereby amended to read

 

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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; or the voting equipment

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precinct count system then in place and procured in accordance with this chapter;

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      (2) "Voting equipment" means an optical scan precinct count voting system or the voting

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equipment precinct count system then in place and procured in accordance with this chapter,

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related 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 § 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 § 17-20-24.

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     17-19-3. Voting equipment and services -- Specifications. [Effective January 1,

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2015.] -- (a) The office of secretary of state and the state board of elections shall develop from

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time to time, and in coordination with the general assembly for the purpose of funding

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procurement, submit specifications to the department of administration, which the department of

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administration shall consult in developing a request for a proposal, as set forth in § 17-19-2.1.

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These specifications must be submitted to the department of administration within thirty (30)

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days of the passage of this bill. These specifications, and the request requests for a proposal

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proposals for the options of purchasing, leasing to own, or renting an optical scan precinct count

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voting system, systems that utilize technologies, methods and equipment considered reasonable

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best practices for the state and in compliance with all laws, and for a full-service contract for an

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optical scan precinct count such voting system systems, any of which shall propose an optical

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scan precinct count system that shall be constructed and shall operate in a manner that meets the

 

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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 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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      (iv) 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 a clear and unambiguous means; provided, that means shall be furnished by which the

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voter can cast a vote in part for the candidates for presidential electors of one party, and in part

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for those of one or more other parties, or in part or in whole, for persons not nominated by any

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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 that 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 that must have

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compartments with doors that lock for assure the 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 that is capable of being hand counted so that electronic-

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recorded-device totals can be checked for accuracy. The device must be able to accept a one (1)-

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two (2)- or three (3)- column ballot that can be printed on one or 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 that shall securely store the ballots and have the capability of restricting access to

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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 that will retain the count of the votes cast to that point in time for a

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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 that may be easily

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

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

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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 that has the capability to electronically read the storage

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device upon which the individual polling place totals are stored and that 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) a minimum number of units to permit counting to be

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

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      (ii) There shall be a sufficient voting booths to allow one number of voting booths for

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approximately every one hundred seventy-five (175) each precinct to accommodate voters as

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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 absentee ballots at a reasonable best practices rate. The tabulators shall utilize the same

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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 Reasonable best practices tabulating equipment shall be located in each of

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the thirty-nine (39) local boards of canvassers and the central tabulation equipment shall be

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located at the state board of elections. The state board of elections, in conjunction with the service

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contract vendor, no less than thirty (30) days prior to an election, shall determine which regional

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and/or central test the tabulation sites are system to be utilized for the election and determine

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whether regional and/or central tabulation is adequate, and if regional tabulation is required, so

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implement it. The tabulation system shall have the following capabilities in connection with the

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counting of ballots and producing 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 from the precincts and, if regional and/or central tabulation sites are

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utilized, the system shall be capable of transferring information at any regional or central sites

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utilized by the thirty-nine (39) local boards of canvassers;

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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 federal standards then in place and administered

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by the designated federal agency or organization from an independent testing company and this

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

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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 office of the secretary of state, shall not be limited to the following

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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 ballot reading device to ensure that the ballots are compatible with the ballot

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reading device. Subsequent thereto, the state board of elections shall be responsible for the

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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 device;

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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 a precinct count system and a full-service

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agreement for an optical-scan a 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 may be accepted by the office of the secretary of

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state; provided that the acceptance of any bid specifications that do not conform with the

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requirements of subsections (a)(1) through (b)(9)(vii) of this section shall be identified by the

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office of the secretary of state and memorialized with an explanation as to the reason for

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accepting bid specification notwithstanding the specific non-conformance of any such bid

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specifications.

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

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17-19-2.1, the state board The office of the secretary of state shall periodically conduct a review

 

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of the election system, provide a report to the general assembly, and shall subsequently assume

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responsibility be responsible for establishing minimum requirements and specifications for the

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procurement of voting equipment and services.

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     SECTION 3. Section 17-7-5 of the General Laws in Chapter 17-7 entitled "State Board of

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Elections" is hereby amended to read as follows:

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     17-7-5. Powers and duties -- Quorum. -- (a) The state board shall have those functions,

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powers, and duties that are prescribed by this title or otherwise pursuant to law. In the exercise of

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these functions, powers, and duties, but without limitation to them, the board shall:

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      (1) Exercise general supervision of the administration of the election law by local

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boards;

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      (2) Furnish all binders, forms, cabinets, and other supplies required for the operation of

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the system of permanent registration of voters throughout the state, as provided by this title;

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      (3) Require the correction of voting lists by any local board whenever the state board has

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information or cause to believe that any error exists in the lists, and shall immediately notify the

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secretary of state of any corrections;

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      (4) Have responsibility for supervising the vendor to the extent that services under the

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jurisdiction of the state board are performed by the vendor as prescribed by § 17-19-3.

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      (5)(4) Prepare, package, and deliver election supplies to the various cities and towns for

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each voting district, except for supplies listed in this title for delivery by the office of the

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secretary of state;

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      (6)(5) (i) Appoint, qualify and assign all state inspectors of elections. The state board of

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elections shall formulate programs of instruction and shall determine the method and manner of

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instruction which shall be provided to the local boards and to the vendor providing training

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pursuant to any agreement between the state and the vendor for the training of election officials.

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The program of instruction shall include familiarization with the election laws and duties of

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various election officials, together with the exercise of sample situations which may be

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encountered in the process of voting, geographical boundaries of the voting district to which the

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official may be assigned, offices and questions which may be on the ballot, and any other

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information that the board of elections may deem appropriate. The availability of these programs

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of instruction for local boards shall be pursuant to the procedures, rules and regulations adopted

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by the board of elections.

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      (ii) The board of elections shall also formulate and provide an informational pamphlet

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containing detailed instructions regarding the duties of elections officials and the operation of

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polling places. All informational pamphlets shall be distributed to the local boards who shall, in

 

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turn, see to their distribution to all election officials prior to any election;

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      (7)(6) Canvass and tabulate all votes cast at each state election; and count, canvass, and

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tabulate the votes cast by mail voters as provided in this title;

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      (8)(7) Select dates for off year and special election primaries, except the dates for any

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primaries for local elections that require fixing by the local board pursuant to chapter 15 of this

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title;

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      (9)(8) Furnish each elected candidate for all state or national offices a certificate of

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election;

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      (10)(9) Furnish the secretary of state with a certified statement of the number of votes

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cast in each voting district for all state and national candidates, the votes cast for and against all

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state questions which appeared on the ballot, and a certificate of election for each national

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candidate who is elected in this state, and furnish the governor with a certified list of the general

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officers elected at each general election;

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      (11)(10) Hold hearings relating to recounts or other protests of the results or conduct of

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an election;

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      (12)(11) Maintain any books and records of the votes cast, and publish any statements

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and reports, that it may deem to be in the public interest;

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      (13)(12) Arrange and make provisions for the registration of voters pursuant to the

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National Voter Registration Act (NVRA) of 1993, 42 U.S.C. § 1973gg et seq. The state board

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shall formulate programs to assist those persons or organizations desiring to register voters and

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shall provide, pursuant to procedures, rules, and regulations it shall adopt, voter registrations

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services which may include training sessions, registration materials, manuals and other services

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for the purpose of registering to vote eligible Rhode Island citizens;

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      (14)(13) Annually conduct a voter registration drive at each institution of higher

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education at the level of junior college or above in the state; and

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      (15)(14) Establish and maintain an administrative complaint procedure in accordance

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with Section 402 of the Help America Vote Act (P.L. 107-252) [42 U.S.C. § 15512].

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      (b) The state board shall also have all of the powers and duties formerly conferred or

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imposed by existing law upon the division of elections and the election board, and whenever in

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any other general law, public law, act, or resolution of the general assembly, or any document,

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record, or proceeding authorized by the general assembly, the phrase "division of elections" or

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"election board" or any other word or words used in reference to or descriptive of the division,

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board, or any member or employee of the division or board, or to their respective activities or

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appointees, or any of them, the word, phrase, or reference shall, unless the context otherwise

 

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requires, be deemed to refer to and describe the state board, its members, appointees, and

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activities, as the context may require.

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      (c) The state board shall have power to make any rules, regulations, and directives that it

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deems necessary to carry out the objects and purposes of this title not inconsistent with law.

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      (d) The state board shall also have jurisdiction over all election matters on appeal from

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any local board and over any other matters pertinent and necessary to the proper supervision of

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the election laws.

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      (e) Four (4) members of the state board shall constitute a quorum.

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      (f) Notwithstanding the provisions of § 42-35-18(b)(22), all rules and regulations

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implementing and enforcing the provisions of the Help America Vote Act of 2002 (P.L. 107-252)

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[42 U.S.C. § 15301 et seq.]shall be promulgated in accordance with the rule-making provisions

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contained in §§ 42-35-1 -- 42-35-8.

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     SECTION 4. Sections 17-19-2 and 17-19-2.1 of the General Laws in Chapter 17-19

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entitled "Conduct of Election and Voting Equipment, and Supplies" are hereby amended to read

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as follows:

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     17-19-2. Voting equipment. -- Subject to the provisions of this chapter, voting

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equipment which has been procured by the department of administration office of the secretary of

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state according to the provisions of this chapter shall be used in all state, city, or town elections,

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including elections at which amendments to the Constitution of the state are submitted to the

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electors for approval. Until such voting equipment is procured by the office of the secretary of

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state, voting equipment previously acquired by the department of administration according to the

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provisions of this chapter in effect at the time shall continue to be used in all state, city, or town

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elections, including elections at which amendments to the constitution of the state are submitted

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to the electors for approval.

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     17-19-2.1. New voting technology -- Declaration of purpose. -- New voting

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technology. -- WHEREAS, mechanical lever voting machines have been in use in the state of

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Rhode Island for more than fifty (50) years; and

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      WHEREAS, voting machine technology has now advanced to the point where votes can

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be cast and reliably recorded on optical scan precinct count voting systems; and

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      WHEREAS, optical scan precinct count voting systems are now in use in various states

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and have resulted in returning accurate and reliable voting results within a shorter period of time

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than is possible through the use of mechanical lever machines; and

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      WHEREAS, the general assembly finds that it is in the public interest to convert from

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mechanical lever voting machines to an optical scan precinct count voting system;

 

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      THEREFORE, the general assembly determines that an optical scan precinct count

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voting system as described in § 17-19-3 shall be employed in elections held in the State of Rhode

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Island beginning in 1997.

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      The department of administration shall be responsible for the procurement of an optical

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scan precinct count voting system and for the procurement of a full service contract as set forth in

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§ 17-19-3. The specifics in the request for proposal shall be drafted by the department of

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administration in consultation with the office of the secretary of state and the state board of

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elections. The term of each contract shall be determined by the department of administration. The

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procured system shall be revenue neutral in that, over the life of the contract, it may not cause the

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state to incur more expense than would be expended under the mechanical lever system during a

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similar period. The department of administration shall seek bids from vendors for the options of

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purchasing, leasing to own and renting an optical scan precinct count voting system meeting the

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requirements set forth in § 17-19-3, and for the full services of the vendor as set forth in § 17-19-

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3. (a) In the event the office of the secretary of state purchases new voting equipment and services

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in accordance with §17-19-3, then any reference in this title to optical scan equipment shall be

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deemed to refer to the voting equipment then purchased by the office of the secretary of state

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whether such voting equipment utilizes optical scan technology or not; and

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     (b) In the event the office of the secretary of state purchases new voting equipment and

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services in accordance with § 17-9-3, then any reference in this title to such voting equipment

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being purchased by the department of administration shall be deemed to refer to the equipment

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purchased by the office of the secretary of state.

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     SECTION 5. Section 37-2-74 of the General Laws in Chapter 37-2 entitled "State

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Purchases" is hereby amended to read as follows:

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     37-2-74. Printing, binding, advertising, and election expenses. -- Printing, binding,

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advertising, voting equipment and services, and election expenses. -- All printing, binding,

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advertising, voting equipment and services, (including those as set forth in § 17-19-3) and

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election expenses in connection with all primaries and elections, advertising Rhode Island, and all

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legislative printing, including the printing of the public laws and acts and resolves, shall be

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purchased by the secretary of state and in respect to those purchases, the department of state shall

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be exempt from the requirements of this chapter which relate to the function of purchasing.

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     SECTION 6. This act shall take effect upon passage.

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LC002853

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS-PURCHASE OF VOTING EQUIPMENT AND SERVICES

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1

     This act would make the secretary of state solely responsible for the purchase and

2

oversight of the purchasing of voting equipment. The act would also allow for the purchase of

3

state of the art voting equipment.

4

     This act would take effect upon passage.

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LC002853

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LC002853 - Page 12 of 12