Chapter 313

2006 -- S 2812 SUBSTITUTE A

Enacted 07/04/06

A N A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTIONS

Introduced By: Senators Tassoni, and Doyle

Date Introduced: February 14, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-19-32, 17-19-33 and 17-19-38 of the General Laws in Chapter

17-19 entitled "Conduct of Election and Voting Equipment, and Supplies" are hereby amended to

read as follows:

17-19-32. Recording and signing of returns. -- Immediately upon the close of the polls

the warden shall, in the presence of the other election or primary election officers and the election

inspector, follow the procedure for the closing of the unit set forth by the vendor of the optical

scan precinct count unit. The warden and clerk shall sign the first copy of the tape containing the

votes cast and shall remove the tape from the optical scan precinct count unit. The warden shall

then obtain three (3) additional copies of the tape containing the vote totals from the optical scan

precinct count unit, and the warden shall proceed to read off in a clear and loud voice the vote for

each candidate, and upon each question as indicated by the vote totals on the printed tape and the

number of votes cast for persons not nominated. The clerk shall thereupon copy the election

returns in ink in the record book of the elective meeting now provided for by law, and the warden

shall compare the copy made in the book with the vote totals on the tape obtained from the optical

scan precinct count unit, and if they are found to agree, the warden, together with the clerk, shall

sign the record book. The records in the record book shall show the votes registered by the optical

scan precinct count unit for each candidate and person and for and against each question.

17-19-33. Sealing of voting equipment -- Sealing and forwarding of results,

programmed memory cartridges and keys. -- (a) The four (4) copies of the printout tape from

the optical scan precinct count unit obtained pursuant to section 17-19-32 shall be distributed as

follows:

      (1) The first copy, which includes the opening of the polling place information,

signatures of the warden and clerk, a timed audit trail of certain events occurring with respect to

the optical scan precinct count system and the vote totals for each candidate, shall be packaged

with the programmed memory cartridge attached to the return sheet as provided in section 17-19-

11 and immediately delivered to the indicated site as determined by the state board of elections

where it is processed and immediately delivered to the state board of elections by 4:00 p.m. the

day following the election;

      (2) The second copy shall be posted at the polling place;

      (3) The third copy shall be immediately delivered to the local board of canvassers

attached to the return sheet as provided in section 17-19-11, together with the polling place

supplies, including the key to the optical scan precinct count unit; and

      (4) The fourth copy shall be included with the voted ballots and packaged pursuant to

this chapter.

(b) (1) The record book shall be placed in a paper wrapper and shall be directed to the

town clerk.

(2) The record book and envelope shall then be sealed with two (2) or more adhesive

labels affixed upon the envelope and package so that they cannot be tampered with, and the labels

shall be signed in ink by the warden and clerk. The envelope and record book shall not be opened

after they are once sealed up in the polling place, by any person whatsoever, except the officer to

whom they are addressed.

(3) (5) The ballot applications, used and unused, certified voter list containing voters'

signatures shall be packaged separately and returned to the local board of canvassers.

(4) (6) All supervisor's completed official affidavits, forms, reports and any other

miscellaneous reports and supplies shall be packaged and delivered to the local board for

subsequent delivery to the state board.

(c) (b) The warden shall:

      (1) Remove all voted ballots from the first second compartment of the optical scan

precinct count unit and package them in the container provided and labeled as regularly voted

ballots and stored pursuant to section 17-19-39.1;

      (2) Remove all voted ballots from the second first compartment and package them in the

container provided and labeled as containing write-in votes; and

      (3) Package all ballots from the emergency bin that have not been counted in the

container provided and labeled for manual count. as uncounted ballots, and delivered to the local

canvassing authority. Any ballots packaged and labeled as uncounted ballots shall remain sealed

and delivered to the state board by 4:00 p.m. the following day for counting.

(d)(c) All ballots so packaged shall be immediately delivered to the local canvassing

authority and the local board shall be in session for the counting of any write-in votes and the

manual counting of any ballots packaged as having been removed from the emergency bin.

Forthwith upon completion of the counting of all write-in votes and manual count ballots the

local canvassing authority shall place said ballots in an appropriately labeled container which

shall remain in storage pursuant to the requirements of section 17-19-39.1.

(e) (d) All marking pens, unused printout tapes, secrecy sleeves and other items related

to the voting equipment shall be packaged and delivered to the local board for later delivery to the

office of the state board of elections.

17-19-38. Custody of optical scan precinct count units pending return to storage. --

After the close of the polls, the local board shall resume custody of the optical scan precinct count

units and voting booths, either in person or through a police officer delegated for that purpose,

voting equipment until the optical scan precinct count units are voting equipment is removed by

the state board or its designee., or some person designated by it, and all voting booths are

removed by the local board. The local board shall take all necessary measures to prevent the

voting equipment from being opened, tampered with, injured, or damaged.

     SECTION 2. This act shall take effect upon passage.

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LC01746/SUB A

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