Chapter 295
2004 -- S 2854
Enacted 07/02/04
A N A C T
RELATING
TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT, AND SUPPLIES
Introduced
By: Senator J. Michael Lenihan
Date
Introduced: February 11, 2004
It
is enacted by the General Assembly as follows:
SECTION
1. Sections 17-19-1 and 17-19-24 of the General Laws in Chapter 17-19
entitled
"Conduct of Election and Voting Equipment, and Supplies" are hereby
amended to read
as
follows:
17-19-1.
Definitions. -- As used in this chapter, except as otherwise required
by the
context:
(1) "Computer ballot" means the paper ballot prepared by the office
of the secretary of
state
for use in conjunction with the optical scan precinct count system;
(2) "Voting equipment" means an optical scan precinct count voting
system, related
memory
device, all related hardware and software, and voting booths; and
(3) "Warden" includes moderator; and vice versa.; and
(4)
A "Vote" shall be any mark made with the appropriate marking device
within the
optech
ballot voting area between the head and tail of the arrow on the computer
ballot next to the
party,
candidate, write-in candidate or question, as is applicable, for whom the voter
casts his or
her
ballot, except as provided in section 17-20-24.
17-19-24.
Procedure for voting. -- (a) Each person desiring to vote shall state
his or her
name
and residence, including that person's street address, if he or she has any, to
one of the first
pair
of bi-partisan supervisors, who shall then announce the name and residence in a
loud and
distinct
voice, clear and audible. As each voter's name is announced, the voter shall be
handed a
ballot
application in the following form:
BALLOT
APPLICATION
(Poll
List)
Senatorial
District __________
Representative
District ______
Voting
District ____________
Election
Date ________________
I
hereby certify that I am a registered and qualified elector in the
above
voting district of
City
of
and hereby make application for ballots to be voted at this election.
____________________________
(Signature of Voter)
____________________________
(Residence
Address) Number
Approved
__________________
(Supervisor
of Election)
(b)
The voter shall sign the application in the presence and view of a bipartisan
pair. They
shall
locate the voter's name on the certified voting list for the voting district.
Upon finding the
voter's
name on the certified voting list for the district, they shall initial the
ballot application in
the
place provided next to the word "Approved" and shall enter on the
certified list of voters a
proper
notation that the applicant has voted in the election. They shall then return
the ballot
application
to the voter who shall pass down the line and present it to the clerk. After
the voter
has
handed the approved ballot application to the clerk, the clerk shall provide
the voter with the
appropriate
computer ballot and security sleeve, the warden shall direct the voter to the
voting
booth
which the voter shall use, and unless the voter needs instruction or assistance
as provided in
this
chapter, the voter shall cast his or her vote, and if he or she desires place
the voted computer
ballot
in a security sleeve, and shall proceed to the optical scan precinct count unit
and shall
personally
place his or her voted ballot into the designated ballot slot on the unit, and
after doing
so,
shall leave the enclosure at once. No voter shall remain within the voting
booth longer than
ten
(10) minutes, and if the voter refuses to leave after the lapse of ten (10)
minutes, the voter
shall
be removed from the voting booth by order of the warden. Except for the election
officials
and
the election inspector, not more than two (2) voters in excess of the number of
voting booths
shall
be permitted within the enclosed space at any time. (c) The optical scan
precinct count unit
shall
be programmed to return a ballot to the voter if the voter has cast votes for
more persons
than
which he or she is entitled to cast. The warden, by reading the message given
on the optical
scan
precinct count unit, must advise the voter of the fact that the ballot has been
over-voted. The
voter
will be instructed by the warden to remove his or her own ballot from the
optical scan
precinct
count unit ballot slot. The warden will then ask the voter to surrender the
ballot as void
and
receive a new ballot. If the voter agrees, the voter will make additional marks
on the ballot so
as
not to identify the actual votes intended by the voter for the ballot. The
ballot will be marked
void
by the warden and deposited in the receptacle for void ballots provided at the
polling place.
If
the voter insists on casting the over-voted ballot, he or she will be advised
that all races, other
than
the over-voted race, will be counted by the optical scan precinct count unit,
and if he or she
still
insists, the warden will manually override the appropriate control on the unit
and allow for
the
ballot to be entered and counted for all races other than the over-voted race.
(d) In the event a
voter
incorrectly marks a ballot by indicating his or her choices other than in the
spaces provided
for
them, the ballot will be returned to the voter. The warden, by reading the
message given on
the
optical scan precinct count unit, must advise the voter of the fact that the
ballot has been
marked
incorrectly. The voter will be instructed by the warden to remove his or her
own ballot
from
the optical scan precinct unit ballot slot. The warden will then advise the
voter to surrender
the
ballot as void and receive a new ballot. If the voter agrees, the voter will
make additional
marks
on the ballot so as not to identify the actual votes intended by the voter for
the ballot. The
ballot
will be marked void by the warden and deposited in the receptacle for void
ballots provided
at
the polling place. The warden will then provide for the instruction of the
voter on the correct
manner
of marking his or her vote and the voter will be issued a new ballot. If the
voter insists on
casting
the incorrectly marked ballot, the warden will place the ballot in a special
envelope
marked
"For Manual Count" to be packaged and delivered to the local board of
canvassers, who
will
manually count the ballot after the close of the polls. At the close of the
polls, the envelope
shall
be sealed and signed by the warden and the clerk. manually override
the appropriate control
on
the optical scan precinct count unit and allow for the ballot to be accepted.
SECTION
2. This act shall take effect upon passage.
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LC02534
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