Chapter 096

2006 -- H 7535

Enacted 06/13/06

A N A C T

RELATING TO ELECTIONS

Introduced By: Representatives Lewiss, McNamara, Crowley, Kennedy, and Jackson

Date Introduced: February 16, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-10-3 of the General Laws in Chapter 17-10 entitled "Canvassing

the Lists of Qualified Electors" is hereby amended to read as follows:

17-10-3. Publication of preliminary lists. -- (a) Immediately after the close of

registration for each general election and each primary election for a general election, the local

board shall publish and post a preliminary list of all persons who appear from the registration

cards to be duly registered to vote at the next ensuing election. The preliminary list for a primary

election shall be subject to the requirements of chapter 13 of this title. The preliminary list shall

contain the names and addresses of registered voters arranged in the same order as the file of

original registration cards. The preliminary list may shall be prepared or duplicated by

typewriting, printing, mimeographing, multi-graphing, photographic process, or may be computer

generated from the statewide central voter registry system. The list shall be available for public

inspection in at least three (3) public places as well as the local board of canvassers and, where

possible, the public library in the city or town, where the list shall be open to examination at all

reasonable times. The local board shall, upon request, furnish without charge and without

unreasonable delay, five (5) copies of the preliminary list to the state, city, or town chairperson of

any political party.

      (b) The preliminary list shall be deemed a public record; and any elector of the city or

town, upon request, shall be given a copy of the list upon payment of no more than the actual cost

of reproduction.

      (c) The preliminary list shall contain the following language in bold print:

      "You must be registered to vote from your actual place of residence."

     SECTION 2. Section 17-13-1 of the General Laws in Chapter 17-13 entitled "Primary

Voting Lists" is hereby amended to read as follows:

17-13-1. Preparation and posting of preliminary lists. -- (a) In conformity with the

requirements of chapter 10 of this title relating to preliminary lists generally, preceding the next

primary election of a political party prior to a general election, each local board shall, for the

party, prepare and post in one public place in each of the voting districts in its city or town a the

local board of canvassers a separate list of voters with their addresses in the districts who are

eligible to participate in the primary of the respective party in accordance with the provisions of

chapter 15 of this title. Each list shall be plainly marked with the name of the party for which it is

prepared.

      (b) In the preparation of any preliminary list, the names of all persons who are ineligible

by reason of the provisions of section 17-15-24 shall be stricken from the list, and those persons

are debarred from participating in the primary.

     SECTION 3. Section 17-19-8.1 of the General Laws in Chapter 17-19 entitled "Conduct

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

17-19-8.1. Ballots for voters who are blind, visually impaired or disabled. -- (a) Any

voter who is blind or visually impaired or disabled is eligible to request a special ballot for voting

by mail ballot or in person at the polls on election day. Special mail ballots are available in

Braille, or tactile, or other accessible format.

      (b) Requests must be made in writing to the local board of canvassers where the person

is registered to vote at least forty-five (45) days before the election for which the voter is

requesting the special ballot. In addition, the request will be valid for all elections held during the

calendar year in which the request was received and in which the voter is eligible to participate.

Applicants must also file the appropriate mail ballot application as required by chapter 20 of this

title for each election in which they wish to participate.

      (c) The office of the secretary of state shall prepare and provide the appropriate form,

which shall be available at local boards and upon request from the office of the secretary of state.

The voter may also choose to submit his or her request in writing without using the form

provided, as long as the communication contains all of the required information. The request shall

include the following information:

      (1) The name and registered address of the voter;

      (2) A daytime telephone number;

      (3) An indication of whether this request is for the entire calendar year or only for the

next upcoming election;

      (4) The voter's political party affiliation, if the request for a special ballot is also for

primaries;

(5) A statement indicating whether the person will be voting at the polls on election day

or voting by mail ballot. Persons indicating that they will be casting their vote by mail ballot must

also file the appropriate mail ballot applications as required by chapter 20 of this title;

(6)(5) Indicate the special ballot format.

      (d) All requests received by local boards must be processed and forwarded to the office

of the secretary of state within twenty-four (24) hours of receipt. The secretary of state shall

maintain a list of all persons requesting special Braille, or tactile, or other accessible format mail

ballots and must forward a copy of the list to the state board of elections at least eighteen (18)

days before the date of any election.

      (e) The state board of elections may adopt rules and regulations for the procedure for the

casting and the tabulation of Braille, tactile, or other accessible format ballot voted on election

day at the polls. The state board may also adopt rules and regulations for the procedure for the

manual reproduction of voted ballots, when necessary, and the tabulation of Braille and tactile

mail ballots or other accessible format ballots.

      (f) The office of the secretary of state shall be responsible for the preparation and

distribution of special Braille, and tactile, or other accessible format mail ballots. Whenever

possible, the secretary of state shall prepare the Braille, or tactile, or other accessible format mail

ballot so that the voted ballot can be read by the tabulation equipment, rather than being manually

reproduced by election officials onto a machine readable ballot.

      (g) The office of the secretary of state may adopt rules and regulations setting forth the

procedure for the preparations and distribution of the Braille, and tactile, or other accessible

format mail ballots.

      (h) The office of the secretary of state shall prepare and publish a guide describing the

types of ballots available and the manner in which each ballot can be voted. This guide shall be

revised whenever the types of ballots available are updated. This guide shall be available in print,

Braille, audio, or other accessible formats.

      (i) The office of the secretary of state shall establish a special Braille and tactile ballot

program for voters who are blind or visually impaired. The office of the secretary of state shall

expand the special ballot service to other voters with disabilities, as feasible, as determined by the

secretary of state, and incorporate other accessible formats as technology and resources allow.

(j) In accordance with the Help America Vote Act of 2003, the voting system at each

polling place shall be accessible for individuals with disabilities, including nonvisual accessibility

for the blind and visually impaired, in a manner that provides the same opportunity for access and

participation as for other voters.

     SECTION 4. This act shall take effect upon passage.

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LC02209

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