Chapter 095 |
2024 -- H 7328 Enacted 06/12/2024 |
A N A C T |
RELATING TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT, AND SUPPLIES |
Introduced By: Representatives Ajello, Knight, J. Lombardi, Handy, Kislak, Shallcross Smith, Chippendale, Batista, Tanzi, and Felix |
Date Introduced: January 26, 2024 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 17-19-37.4 of the General Laws in Chapter 17-19 entitled "Conduct |
of Election and Voting Equipment, and Supplies" is hereby amended to read as follows: |
17-19-37.4. Post-election audits. |
(a) The general assembly hereby finds, determines, and declares that auditing of election |
results is necessary to ensure effective election administration and public confidence in the election |
results. Further, risk-limiting audits provide a more effective manner of conducting audits than |
traditional audit methods in that risk-limiting audit methods typically require only limited resources |
for election contests with wide margins of victory while investing greater resources in close |
contests. |
(b) Commencing in 2018, the board, in conjunction with local boards, is authorized to |
conduct risk-limiting audits after all statewide primary, general, and special elections in accordance |
with the requirements of this section. Commencing in 2020, the state board, in conjunction with |
local boards, must conduct risk-limiting audits after the presidential preference primary and general |
elections in accordance with the requirements in this section. |
(c) The audit program shall be conducted as follows: |
(1) The state board shall determine what local, statewide state, and federal contests are |
subject to a risk-limiting audit; |
(2) The state board shall provide notice pursuant to chapter 46 of title 42 of the time and |
place of the random selection of the audit units to be manually tallied and of the times and places |
of the audits; |
(3) The state board shall make available to the public a report of the vote-tabulating device |
results for the contest, including the results for each audit unit in the contest, prior to the random |
selection of audit units to be manually tallied and prior to the commencement of the audit; |
(4) The state board, in conjunction with the local boards, shall conduct the audit upon |
tabulation of the unofficial final results as provided in §§ 17-19-36 and 17-19-37; and |
(5) The state board, in conjunction with the local boards, shall conduct the audit in public |
view by manually interpreting the ballots according to rules established by the state board in |
accordance with chapter 35 of title 42. |
(d) If a risk-limiting audit of a contest leads to a full manual tally of the ballots cast using |
the voting system, the vote counts according to that manual tally shall replace the vote counts |
reported pursuant to §§ 17-19-36 and 17-19-37 for the purpose of determining the official contest |
results pursuant to §§ 17-22-5.2 and 17-22-6. |
(e) For purposes of this section, the following terms have the following meanings: |
(1) “Audit unit” means a precinct, a set of ballots, or a single ballot. A precinct, a set of |
ballots, or a single ballot may be used as an audit unit for purposes of this section only if all of the |
following conditions are satisfied: |
(i) The relevant vote-tabulating device is able to produce a report of the votes cast in the |
precinct, set of ballots, or single ballot; and |
(ii) Each ballot is assigned to not more than one audit unit. |
(2) “Contest” means an election for an office or for a measure. |
(3) “Risk-limiting audit” means a manual tally employing a statistical method that ensures |
a large, predetermined minimum chance of requiring a full manual tally whenever a full manual |
tally would show an electoral outcome that differs from the outcome reported by the vote-tabulating |
system for the audited contest. A risk-limiting audit shall begin with a hand tally of the votes in one |
or more audit units and shall continue to hand tally votes in additional audit units until there is |
strong statistical evidence that the electoral outcome is correct. In the event that counting additional |
audit units does not provide strong statistical evidence that the electoral outcome is correct, the |
audit shall continue until there has been a full manual tally to determine the correct electoral |
outcome of the audited contest. |
(4) “Unofficial final results” means election results tabulated pursuant to §§ 17-19-36 and |
17-19-37. |
(f) The results of any audits conducted under this section shall be published on the website |
of the state board within forty-eight (48) hours of being accepted by the state board. If the audit |
involved a manual tally of one or more entire precincts, then the names and numbers of all precincts |
audited and a comparison of the vote tabulator results with the hand counts for each precinct shall |
be published with the audit results on the website. |
(g) Any audit required under this section shall not commence for any election subject to a |
recount pursuant to §§ 17-19-37.1, 17-19-37.2, and 17-19-37.3 until the conclusion of said recount. |
(h) The state board shall promulgate rules, regulations, and procedures in accordance with |
chapter 35 of title 42 necessary to implement this section. |
SECTION 2. This act shall take effect upon passage. |
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LC004094 |
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