Chapter 483

2004 -- H 8047

Enacted 07/07/04

A N A C T

RELATING TO ELECTIONS -- RECOUNTS

Introduced By: Representative Charlene Lima

Date Introduced: February 24, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-19-1 and 17-19-37.1 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.;

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

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

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

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

(6) "Public office" shall mean any state, municipal, school or district office or other

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

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

or delegate to a political party convention, or any similar office.

17-19-37.1. Recount procedure Recount eligibility -- candidates for public office. -

- (a) A candidate requesting a recount of the votes cast in his or her race shall be entitled to

request a recount as follows:

(1) Any candidate challenging the results of his or her race shall petition the state board

to conduct a recount of votes cast by re-reading the programmed memory device or devices and

comparing the results and totals obtained at the recount with the results and totals obtained on

election night. Any discrepancy in the results shall entitle a candidate in the race to a recount as

provided in subdivision (2) of this subsection, provided that a candidate shall trail the winning

candidate by less than five percent (5%).

(2) When the recount conducted in subdivision (1) of this subsection results in a

discrepancy between the results certified on election night and the results produced as a result of

the recount and a candidate shall trail the winning candidate by less than five percent (5%), the

candidate shall be allowed to request a recount of votes by re-feeding the computer ballots cast in

the race into the optical scan voting equipment which has been prepared with a new programmed

cartridge.

(3) If the recounts in subdivision (2) of this subsection produce a change in the results of

a race which cause a candidate to trail the winning candidates by less than three percent (3%), the

candidate shall be allowed to request a recount of votes through a manual count of the ballots cast

in a given race.

(b) The state board shall have the authority to adopt regulations to implement and

administer the provisions of this section.

A candidate for election or nomination for election to public office shall be eligible to

request a recount of the votes cast in his or her race pursuant to the following:

(1) In those races in which a single candidate is elected a candidate who trails the

winning candidate may request a recount of the votes cast at each precinct by a manual re-feeding

of the computer ballots cast in said race into the optical scan voting equipment provided that the

candidate shall trail the winning candidate by less than the following number of votes:

(a) In those races where the number of votes cast is less than or equal to twenty thousand

(20,000) the candidate requesting the recount shall trail the winning candidate by two percent

(2%) or two hundred (200) votes, whichever is less; in those races where the number of votes cast

is between twenty thousand one (20,001) and one hundred thousand (100,000) the candidate

requesting the recount shall trail the winning candidate by one percent (1%) or five hundred (500)

votes, whichever is less; and, in those races where more than one hundred thousand (100,000)

votes are cast the candidate requesting the recount shall trail the winning candidate by one-half of

one percent (1/2%) or one thousand five hundred (1,500) votes, whichever is less.

(b) For the purpose of determining recount eligibility, as prescribed in subsections (1)(a)

and (3) of this section, the number of votes cast in a race shall include the votes cast for

candidates and irregular ballots cast pursuant to section 17-19-31.

(2) In those races in which more than one candidate is elected a candidate who trails the

winning candidate may request a recount of the votes cast at each precinct by a manual re-feeding

of the computer ballots cast in said race into the optical scan voting equipment provided that the

candidate shall trail the winning candidate by less than the following number of votes:

(a) In those races where the number of votes cast is less than or equal to five thousand

(5,000) the candidate requesting the recount shall trail the winning candidate by two percent (2%)

or fifty (50) votes, whichever is less; in those races where the number of votes cast is between

five thousand one (5,001) and twenty thousand (20,000) the candidate requesting the recount

shall trail the winning candidate by one percent (1%) or one hundred (100) votes, whichever is

less; and in those races where more than twenty thousand (20,000) votes are cast the candidate

requesting the recount shall trail the winning candidate by one-half of one percent (1/2%) or one

hundred fifty (150) votes, whichever is less.

(b) For the purpose of determining recount eligibility, as prescribed in subsections (2)(a)

and (3) of this section, the total number of votes cast in a race shall be determined by dividing the

total number of votes eligible to be cast in the race by the number of candidates for whom each

voter was eligible to cast votes.

(3) Notwithstanding the requirements of subsections (1)(a) and (2)(a) of this section, a

candidate who trails the winning candidate by five percent (5%) or less, but more than the

minimum percentage or number of votes as required in subsections (1)(a) or (2)(a) of this section,

as applicable, may petition the state board to conduct a recount of the votes cast at each precinct

by re-reading the programmed memory device or devices and comparing the results and totals

obtained at such recount with the results and totals obtained on election night. If, after said

recount, a candidate shall trail the winning candidate by less than the number of votes prescribed

in subsection (1)(a) or (2)(a) of this section, as the case may be, the candidate may request a

recount of the votes cast at each precinct to subsection (1)(a) or (2)(a) of this section, as is

applicable.

The state board shall have the authority to adopt rules and regulations to implement and

administer the provisions of this section.

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

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

17-19-37.2. Recount eligibility -- Write-in candidates for public office. – (1) A write-

in candidate for election to public office shall be eligible to request a recount of the votes cast in a

race:

(a) if, following the initial manual count of all irregular ballots, the write-in candidate

shall have received a minimum of ten (10) votes or one percent (1%) of the votes cast in the race,

whichever is greater; provided, however, that if no candidates appear on the ballot in said race

and only write-in candidates receive votes, a write-in candidate shall be required to receive at

least ten (10) votes in the race; and

(b) the write-in candidate shall trail the winning candidate by less than the number of

votes as may be required to qualify for a recount pursuant to subsection (1) or (2) of section 17-

19-37.1, as is applicable.

(2) A write-in candidate for public office who is eligible to request a recount pursuant to

subsection (1) of this section may request a recount of the irregular ballots cast at each precinct

by a manual recounting of said ballots. In addition, the state board may, upon its own motion,

determine to manually re-feed the computer ballots cast at each precinct in the race into the

optical scan voting equipment.

The state board shall have the authority to adopt rules and regulations to implement and

administer the provisions of this section.

17-19-37.3. Recount eligibility – Ballot questions and other offices. – (1) A person,

group or organization of "recognized standing" regarding a ballot question, as determined by the

board of elections, may request a recount of the votes cast on the ballot question pursuant to the

following:

(a) The person, group or organization may request a recount of the votes cast at each

precinct by re-reading the programmed memory device or devices and comparing the results and

totals obtained at such recount with the results and totals obtained on election night, provided that

for those ballot questions where less than one hundred thousand (100,000) votes are cast the

difference between the approval or rejection of the question shall be by two percent (2%) or less;

and, for those ballot questions where one hundred thousand (100,000) or more votes are cast the

difference between the approval or rejection of the question shall be by one percent (1%) or less.

If, after said recount, the difference between the approval or rejection of the ballot question shall

be less than one-half of one percent (1/2%) or five hundred (500) votes, whichever is less, the

petitioner may request a recount pursuant to subsection (1)(b) of this section.

(b) The person, group or organization may request a recount of the votes cast at each

precinct by a manual re-feeding of the computer ballots are cast into the optical scan voting

equipment if the difference between the approval and rejection of the ballot question shall be by

less than one-half of one percent (1/2%) or five hundred (500) votes, whichever is less.

(c) For the purpose of determining recount eligibility for ballot questions, as prescribed in

subsections (1)(a) and (b) of this section, only the total number of votes cast as "approve" and

"reject" for said question shall be included.

(2) A candidate for any office other than a public office shall be eligible to request a

recount of the votes cast in his or her race pursuant to the following:

(a)(i) In those races in which a single candidate is elected a candidate who trails the

winning candidate by less than two percent (2%) or one hundred (100) votes, whichever is less,

may request a recount of the votes cast at each precinct by re-reading the programmed memory

device or devices and comparing the results and totals obtained at such recount with the results

and totals obtained on election night.

(ii) For the purpose of determining recount eligibility, as prescribed in subsection

(2)(a)(i) of this section, the number of votes cast in a race shall include the votes cast for

candidates and irregular ballots cast pursuant to section 17-19-31.

(b) In those races in which more than one but less than eight (8) candidates are elected a

candidate who trails the winning candidate by less than one percent (1%) or twenty-five (25)

votes, whichever is less, may request a recount of the votes cast at each precinct by re-reading the

programmed memory device or devices and comparing the results and totals obtained at such

recount with the results and totals obtained on election night.

(c) In those races in which more eight (8) or more candidates are elected a candidate who

trails the winning candidate by less than one-half of one percent (1/2%) or twenty-five (25) votes,

whichever is less, may request a recount of the votes cast at each precinct by re-reading the

programmed memory device or devices and comparing the results and totals obtained at such

recount with the results and totals obtained on election night.

(d) For the purpose of determining recount eligibility, as prescribed in subsections (2)(b)

and (c) of this section, the total number of votes cast in a race shall be determined by dividing the

total number of votes eligible to be cast in the race by the number of candidates for whom each

voter was eligible to cast votes.

The state board shall have the authority to adopt rules and regulations to implement and

administer the provisions of this section.

     SECTION 3. Section 17-12.1-14 of the General Laws in Chapter 17-12.1 entitled

"Primaries for Election of Delegates to National Conventions and for Presidential Preference" is

hereby amended to read as follows:

17-12.1-14. Recount. -- Upon application, the state board of elections shall conduct a

recount for a presidential candidate or delegate for a winning candidate when there is a two

hundred (200) or less vote difference between the losing candidate or delegate and the winner.

Said recount shall be conducted by re-reading the programmed memory device or devices and

comparing the results and totals obtained at such recount with the results and totals obtained on

election night.

The state board shall have the authority to adopt rules and regulations to implement and

administer the provisions of this section.

     SECTION 4. This act shall take effect upon passage.

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LC02528

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