2021 -- H 5999

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LC001974

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO ELECTIONS -- WRITE-IN VOTES

     

     Introduced By: Representative Camille F. Vella-Wilkinson

     Date Introduced: February 26, 2021

     Referred To: House State Government & Elections

     (Board of Elections)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-19-31 of the General Laws in Chapter 17-19 entitled "Conduct of

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

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     17-19-31. Irregular ballots.

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     Ballots voted for any office in which no eligible candidate appears on the ballot for that

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office, or in any other office for any person whose name does not appear on the ballot as a

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nominated candidate for office and who has been duly qualified under the requirements of § 17-

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14-18 are referred to in this section as "irregular ballots." In voting for presidential electors, a voter

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may vote an irregular ticket made up of the names of persons in nomination by different parties; or

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partly of names of persons in nomination and partly of names of persons not in nomination; or

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wholly of names of persons not in nomination by any party. Scanned images of the computer ballot

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containing the irregular ballot shall be stored digitally on physical electronic media in the optical-

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scan precinct-count unit. With that exception, no irregular ballot shall be voted for any person for

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any office whose name appears on the ballot as a nominated candidate for that office, nor shall any

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irregular ballot be voted for any person who has not been duly qualified under the requirements of

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§ 17-14-18, unless said vote is cast for an office in which no eligible candidate appears on the ballot

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for that office; any irregular ballot so voted shall not be counted. An irregular ballot must be cast

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in its appropriate place on the ballot, or it shall be void and not counted and no irregular ballots

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shall be counted at primaries; provided, that at any presidential primary, irregular ballots shall be

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counted for those persons whose names have been written in for the office of president. At the close

 

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of the polls, irregular ballots shall be packaged according to § 17-19-33 and shall be immediately

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delivered to the local board of canvassers. The local board shall receive the tape from the optical

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precinct-count unit containing printed images of each written name on the irregular ballots, or the

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physical electronic media containing images of the irregular ballots and shall only record all write-

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in votes cast for persons meeting the requirements of this section for all federal, state, and local

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races listed on the tape. The local board shall notify the state board of the results through a

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procedure promulgated by the state board.

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     SECTION 2. Section 17-22-7 of the General Laws in Chapter 17-22 entitled "Tabulation

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

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     17-22-7. Books of record of votes -- Contents.

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     (a) The board shall keep separate books of record of the votes cast for the different classes

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of officers which it is its duty to count, canvass, and tabulate, as follows:

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     (1) A book of record of votes cast for electors of president and vice-president;

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     (2) A book of record of votes cast for senators and representatives in congress;

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     (3) A book of record of votes cast for general officers; and

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     (4) A book of record of the votes cast for each class of officers that may by law

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subsequently be required to be counted, canvassed, and tabulated by the board.

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     (b) Each of the respective books shall contain:

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     (1) A record of the number of votes cast in each voting district for each candidate according

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to the counting, canvassing, and tabulating of the board;

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     (2) The number cast in each voting district for each candidate according to the certificates

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of the moderators or wardens and clerks;

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     (3) The total number cast for each candidate in each town and city according to the counting

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and to the certificates;

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     (4) The total number cast for each candidate in the state or congressional district, as the

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case may be, according to the counting and the certificates;

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     (5) A statement of which candidates are elected; and

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     (6) Any other pertinent facts that the board deems proper.

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     (c) The board shall also keep a book of record of the votes cast for and against any

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proposition of amendment of the Constitution and a book of record of the votes cast for and against

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all questions submitted to the electors of the state, with like detail as provided in this section in

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relation to votes cast for officers.

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     (d) Notwithstanding the above, the state board shall report all write-in votes received by

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persons qualifying as write-in candidates, pursuant to the requirements of § 17-19-31 and, not

 

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otherwise qualifying to appear on the ballot and receiving less than five (5) votes in a race, as a

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composite total of all write-in votes cast for said office.

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     SECTION 3. Chapter 17-14 of the General Laws entitled "Nomination of Party and

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Independent Candidates" is hereby amended by adding thereto the following section:

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     17-14-18. Declaration of intent of write-in candidacy.

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     (a) No later than four o’clock (4:00) p.m. on the first Friday preceding any presidential

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preference primary or general election or election regularly scheduled for a time other than the

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biennial general statewide election, each voter seeking to be a write-in candidate at the upcoming

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election shall, on a form that shall be provided by the secretary of state, file a declaration of his or

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her intent of write-in candidacy for a federal, state, or local office, appearing on the ballot. The

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declaration of intent shall be signed by the candidate, as his or her name appears on the voting list.

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The signature shall be accepted as valid, if it is original and can be reasonably identified to be the

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name and signature of the voter it purports to be. A variation of the voter's signature by the insertion

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or omission of identifying titles or by the substitution of initials for the first or middle names of

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both, shall not in itself be grounds for invalidation of the signature. The declaration shall also

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include the following information:

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     (1) The candidate's name as it appears on the voting list, subject to the same provisions as

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relate to the voter's signature on the declaration;

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     (2) The address as it appears on the voting list, provided that an address which is

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substantially the same as the address on the voting list shall be valid;

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     (3) The office sought;

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     (4) The candidate's place and date of birth;

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     (5) The length of the candidate's residence in the state and in the town or city where he or

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she resides;

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     (6) A certification that he or she is neither serving a sentence, including probation or parole,

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for which he or she was imprisoned, upon final conviction of a felony imposed on any date, nor

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serving any sentence, whether incarcerated or suspended, on probation or parole, upon final

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conviction of a felony committed after November 5, 1986;

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     (7) A certification that he or she has not been lawfully adjudicated to be non compos

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mentis, of unsound mind;

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     (8) If a person is a candidate for a state or local office, a certification that the person has

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not within the preceding three (3) years served any sentence, incarcerated or suspended, on

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probation or parole, for a crime committed after November 5, 1986, upon plea of nolo contendere

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or guilty or upon a conviction of a felony or for a misdemeanor for which a sentence of

 

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imprisonment for six (6) months or more, whether suspended or to be served as imposed.

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     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- WRITE-IN VOTES

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     This act would require all write-in candidates to file, prior to election, a declaration of their

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intent to run for office with the secretary of state. It would require the tallying of votes only for

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contests in which no candidate appears on the ballot or for candidates meeting the declaration

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requirements. Finally it would require the board of elections to report all votes received by declared

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write-in candidates.

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     This act would take effect upon passage.

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