2002 -- S 2427

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LC01327

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

____________

A N A C T

RELATING TO ELECTIONS -- LOCAL CANVASSING AUTHORITIES

     Introduced By: Senator Aram G. Garabedian

     Date Introduced: January 30, 2002

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 17-8-1, 17-8-2 and 17-8-5 of the General Laws in Chapter 17-8

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entitled "Local Canvassing Authorities" are hereby amended to read as follows:

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     17-8-1. Appointment of bipartisan authority. Appointment of canvassing authority.

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-- The legislative body of each city and town shall appoint a bipartisan multipartisan canvassing

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authority of three (3) five (5) qualified electors of the city or town, not more than two (2) of

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whom shall belong to the same political party, and at least one (1) of whom shall be an

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unaffiliated registered elector, and may appoint two (2) alternate members, not more than one of

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whom shall belong to the same political party. Political party status shall be determined at the

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time of the appointment. At the time of the appointment to the canvassing authority, the

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appointing authority shall first consider nominees submitted by officially recognized state

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political parties not then having representation on the canvassing authority and may include the

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political party of the departing member if such departure would leave that party unrepresented on

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the canvassing authority. At any meeting of the canvassing authority at which a member is to be

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absent, the member may request that an alternate replace him or her for that meeting; provided,

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that the alternate member must be of the same political party as the member no more than two (2)

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people from the same political party serve on the actual authority at any time. The mayor or the

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president of the town council shall nominate the members of the canvassing authority for each

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political party position from lists of party voters submitted by the respective chairpersons of the

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city or town political committee or in cases before where there is no local committees, then by

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that chairperson of the state political committee, which lists shall contain the names of not more

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than five (5) times the number of persons to be appointed. If the legislative body refuses to

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approve the nomination of any person to the canvassing authority, the mayor or the president

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shall submit to the legislative body another person named on one of the lists, and so on until a

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person shall be appointed; provided, that if the chairperson of the city or town committee of a

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political party entitled to an appointment fails or refuses to submit a list, the mayor or the

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president shall nominate any party voter of the political party entitled to the appointment. If thirty

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(30) days after written notice to the local and state chairpersons of an existing vacancy, there is no

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list of nominees provided, then the mayor or president may nominate an appointee from any

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political party or an unaffiliated elector as the mayor or president may so choose; provided,

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however, that the canvassing authority may not exceed the maximum of two (2) persons from any

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political party, having been determined at the time of the original nomination. To fill the position

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of the unaffiliated member of the canvassing authority, the appointing authority shall advertise for

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candidates at least once a week for two (2) weeks in the same manner the city or town council

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would advertise notice of its meetings. If no unaffiliated elector places his or her name into

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nomination, then the mayor or the president shall nominate any unaffiliated elector for the

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appointment.

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     17-8-2. Term and qualifications for office. -- Each member of a local canvassing

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authority shall be appointed to serve for a term of six (6) years beginning on the first Monday of

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March succeeding the date of his or her appointment and until his or her successor is elected and

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qualified. No person shall be appointed or serve as a member of the authority who is an officer or

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employee of the United States or of this state or of any city or town of this state, provided that in

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any city a member of the authority may act as its clerk. Any member of the authority who

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becomes a candidate for election to any public office and who fails to file a declination of the

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candidacy within the time allowed by law shall be disqualified from holding membership upon

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the authority and his or her successor shall be elected immediately. The legislative body shall

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forthwith upon September 1, 2001, appoint the two (2) additional board members as follows: one

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(1) member from a political party upon initial appointment shall serve a term to expire on the first

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Monday of March 2003; and one (1) remaining member chosen from the list of applicants upon

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initial appointment shall serve a term to expire on the first Monday of March 2004; and upon the

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expiration of the initial terms the legislative body shall appoint persons for succeeding terms of

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six (6) years respectively.

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     17-8-5. Local boards -- Powers and duties – Quorum. -- (a) Each canvassing authority

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shall have and exercise the functions, powers, and duties provided for local boards by this title or

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by any law not inconsistent with this title. It shall:

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      (1) Select one of its members as presiding officer and another as clerk of the board;

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provided that nothing in this title shall be deemed to affect the powers and duties of the town

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clerk who shall be ex officio the clerk of the respective town canvassing authorities; and provided

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further, that in the cities of Pawtucket, Central Falls, Newport, Woonsocket, Cranston, and

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Warwick, the clerk shall be designated at the time of his or her election or appointment;

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      (2) Have and discharge all of the functions, powers, and duties of the town council

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concerning nominations, elections, registration of voters and canvassing rights, the preparing and

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correcting of voting lists, and other matters relating to them, which powers are transferred to the

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local board;

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      (3) Make or furnish all returns or other things required by law to be made or furnished to

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or by city clerks, boards of canvassers, and district clerks, relative to any matter within the

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purview of this title;

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      (4) Appoint and employ all its necessary clerical and technical assistants and fix the

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compensation of each person so appointed, within the limits of funds available to it pursuant to

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law; provided that in the cities of Cranston and Woonsocket and the town of Coventry the

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employment and compensation shall be subject to the approval of the respective city or town

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councils.

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      (b) A quorum of a local board for the purpose of receiving registrations shall be

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comprised of one member of the board, and for all other purposes a quorum shall be comprised of

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two (2) three (3) members.

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     SECTION 2. Section 17-9.1-21 of the General Laws in Chapter 17-9.1 entitled

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"Registration of Voters" is hereby amended to read as follows:

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     17-9.1-21. Registration lists furnished to political parties. -- The local boards shall not

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more than once each week and not less than once a month, if requested to do so by the state

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and/or city or town chairperson of any political party, furnish without cost and without

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unreasonable delay to the chairperson, or the chairperson's accredited representative, the names

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and addresses of all persons who are newly registered to vote in the city or town, the names and

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addresses of all electors who have transferred to a new voting address, and the names and

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addresses of all persons whose names have been removed from the voting list or placed in the

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inactive category. In the event that any list so furnished is declared to be inaccurate by the

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chairperson of the democratic state committee or the chairperson of the republican state central

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committee a political party, the state board of elections shall at its discretion, if requested by

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either of the chairpersons, appoint a disinterested person to examine the records of the local board

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for the purpose of determining the accuracy of the list.

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     SECTION 3. Sections 17-11-7, 17-11-7.1, 17-11-8, 17-11-11, 17-11-12 and 17-11-13 of

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the General Laws in Chapter 17-11 entitled "Voting Districts and Officials" are hereby amended

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to read as follows:

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     17-11-7. District moderators and clerks regularly appointed by board. -- In the towns

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of Barrington, Bristol, Middletown, Portsmouth, Warren, Westerly, and West Warwick, at least

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ten (10) days prior to every election, there shall be appointed by the local boards, respectively, a

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moderator and a clerk for each polling place, one of whom shall be a democrat and one a

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republican, and who shall be party voters in the district for which they are appointed in the same

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manner for the selection of wardens and clerks in section 17-11-11.

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     17-11-7.1. Pool of election officials. -- Notwithstanding any other general law to the

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contrary, local boards are authorized to create a pool of election officials who shall be available to

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fill vacancies wherever needed. These election officials shall have the same training and duties as

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regular election officials, but shall not be restricted to being electors of the voting district to

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which they may be assigned, but must be electors of the city or town state.

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     17-11-8. Qualifications of moderators and clerks – Vacancies. -- The moderators and

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clerks shall each be able to read the Constitution of the state in the English language, and to write

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their names. Every person appointed as a moderator or clerk shall be immediately notified of his

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or her appointment within seventy-two (72) hours of notice and shall, at least three (3) days

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before any election at which that person was appointed to serve, accept or decline the

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appointment, and shall be, at least three (3) days prior to the election, sworn to the faithful

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discharge of his or her duties by some member of the board making the appointment. In case any

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person appointed neglects to qualify or is unable or fail to serve, the vacancy shall be filled by the

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board making the appointment, and, whenever possible, the appointee shall be of the same

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political party as the person failing to qualify, and shall, before serving, qualify before some

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member of the board.

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     17-11-11. Selection of wardens and clerks in cities. -- At least twenty (20) days before

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any election, the local board in each city shall appoint for each polling place within the city where

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an election is to be held a warden and clerk, one of whom shall be a republican and the other of

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whom shall be a democrat. The appointments shall be made from a list of not less than ten (10)

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qualified party voters presented to the board by the city or town committee of the republican and

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democratic parties, respectively, the republican election officials to be selected from the

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republican list, and the democratic election officials from the democratic list, or in case any

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committee shall fail to submit the list within the required time, they shall select election officials

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from the party voters of the same political party as the committee failing to submit the list. The

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local board may adopt a plan for some or all wardens or clerks to work a half-day at half-pay if

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the plan is consistent with the provisions of this section and is approved by the state board. The

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local board shall determine the total number of wardens and the total number of clerks necessary

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for an election and shall divide each number by the total number of qualified political parties in

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existence at the time pursuant to section 17-1-2(f) to determine the number of wardens and the

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number of clerks to which each political party is entitled. At least thirty (30) days before any

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election, the local boards shall notify the local committee of each political party of the number of

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names to be submitted and within seven (7) days of notification, said local committees shall

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submit a list containing the above determined number of names. At least twenty (20) days before

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any election, the local board in each city shall appoint for each polling place within the city

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wherein an election is to be held a warden and clerk. The appointments shall be chosen from the

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names submitted pursuant to this section; provided, however, that the warden and clerk assigned

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to one (1) polling place shall not be of the same political party. In case any committee shall fail

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to submit the list within the required time, the local board shall divide the number of names not

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submitted by the number of remaining local committees and shall forthwith notify the remaining

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local committees of the opportunity to submit additional names within seventy-two (72) hours of

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said notice. In the event additional names are still required, the local board shall select election

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officials from the party voters of the same political party as the committee so failing to submit the

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list or from the pool of names as provided in section 17-11-7.1. The local board may adopt a plan

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for some or all wardens or clerks to work a half-day at half-pay if said plan is consistent with the

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provisions of this section and is approved by the state board.

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     17-11-12. Qualifications of election officials – Vacancies. -- Election officials shall be

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qualified electors in the city, or town, senatorial or representative district, or voting district in

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which they are appointed to serve, and shall severally be able to read the Constitution of the state

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in the English language and to write their names. Every person appointed as a warden, clerk, or

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supervisor shall, within forty-eight (48) hours thereafter, be notified in writing by the clerk of the

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local board of the appointment; and the person so appointed shall, within ninety-six (96) hours

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after his or her appointment, notify in writing the clerk of that person's acceptance or declination

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of the appointment, and any vacancy occurring among these election officials, whether by

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declination or refusal to serve or by failure to notify the clerk, or by failure from any cause to

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appear at or remain during the time when they are required to perform their duties, shall be

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immediately filled by the local board, or by the presiding officer of the board if the board is not in

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session, from the lists provided for in section 17-11-10, by the substitution of a person of the

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same political party as was the election official first appointed. Each of these election officials

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shall be sworn to the faithful discharge of his or her duties before entering upon the performance

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of his or her duties.

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     17-11-13. Appointment and compensation of supervisors -- (a) The local board shall

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determine the total number of supervisors necessary for an election and shall divide said number

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by the total number of qualified political parties in existence at the time pursuant to section 17-1-

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2(f) to determine the number of supervisors to which each political party is entitled. At least

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thirty (30) days before any election, the local boards shall notify the local committee of each

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political party of the number of names to be submitted and within seven (7) days of notification,

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said local committees shall submit a list containing the above-determined number of names. The

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local board of each city and town at least twenty (20) days before each election shall appoint two

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(2) pairs of supervisors for each polling place, each pair of which shall comprise one democrat

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and one republican appointed from a list of qualified party voters presented and employed . The

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appointments shall be made in the same manner as provided by this chapter for the appointment

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of wardens and clerks provided that the two (2) individuals assigned as a pair of supervisors shall

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not be of the same political party.

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      (b) The local board may, in its discretion, and upon recommendation of the state board

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shall, in like manner, appoint one or more additional bipartisan pairs of supervisors for any

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polling place whenever and so long as the appointment is in the judgment of either board

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necessary to facilitate the conduct of an election.

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      (c) The supervisors of elections in all cities and towns shall severally receive

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compensation for their services at the minimum rate of sixty dollars ($60.00) per day.

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      (d) The local board may adopt a plan for some or all supervisors to work a half-day at

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half-pay if the plan is consistent with the provisions of this section and is approved by the state

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board.

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     SECTION 4. Sections 17-15-13, 17-15-21 and 17-15-24 of the General Laws in Chapter

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17-15 entitled "Primary Elections" are hereby amended to read as follows:

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     17-15-13. Voting places -- Primary officials -- Party officials – Appointment. -- (a)

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From lists submitted to it by the chairperson of the state committees of each party, the board shall

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appoint and issue commissions to a sufficient number of qualified electors of this state to be

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primary inspectors so that one inspector may be assigned for each party to each primary polling

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place to work with the other primary officials of his or her party. The local board shall, at least

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twenty (20) thirty (30) days previous to the primary, select the place or places designated by it for

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holding the primary election provided for by this chapter. The local board shall, at least seven (7)

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thirty (30) days before any primary election, appoint for each polling place within its city or town,

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a primary warden or moderator and a primary clerk in the following manner:

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      (1) If there are primary contests in both major political parties is a primary contest in

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more than one (1) political party, the warden and clerk shall be appointed as provided in section

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17-11-11; or

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      (2) If there is a primary contest in only one of the major political parties, the warden and

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the clerk shall be selected from a list submitted by the local committee of the party in which the

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contest exists.

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      (b) The local board shall also appoint, from lists submitted at least ten (10) days prior to

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the date set for the holding of the primaries, four (4) supervisors, in the following manner:

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      (1) If there are primary contests in both major political parties, one is a primary contest

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in more than one (1) political party two (2) supervisors shall be appointed for each party in the

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manner provided in section 17-11-11 and two (2) supervisors, one for each party, shall be

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appointed from lists submitted by a majority of the respective party candidates, other than those

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endorsed by the party committee, in the same manner as provided in section 17-11-11; or

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      (2) If there is no primary contest in only one of the major political parties, two (2)

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supervisors shall be appointed from a list submitted by the local committee in which the contest

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exists, and two (2) supervisors shall be appointed from a list or lists submitted by a majority of

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the party candidates, other than those endorsed by the party committee. The local board may

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appoint additional pairs of supervisors that it may deem necessary in the same manner as

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provided in this section, and shall do so when directed by the state board.

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      (c) The local board shall also appoint for each party one watcher, two (2) checkers, and

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the number of runners, not to exceed three (3), that the appropriate party chairperson may deem

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necessary, which watcher, checkers, and runners shall be designated as party officials. These

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party officials shall be appointed from lists of qualified electors who are qualified to vote at the

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respective party primaries, which lists shall be furnished as provided in subsection (b) to the local

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board at least ten (10) days prior to the date set for the holding of the primary. If the party

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candidates or a majority of them, other than those endorsed by the party committee, shall notify

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the local board in writing of their choices at least ten (10) days prior to the date set for the holding

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of the primaries, the local board shall likewise appoint one watcher, two (2) checkers, and the

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number of runners that it has appointed at the request of the party chairperson, to act for them

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collectively. The local board shall give them certificates as party officials.

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     17-15-21. Identification of party voters. -- Before permitting any person to vote in a

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primary election, the warden or clerk and bipartisan pair of supervisors assigned by the warden

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shall ascertain from the voting record appearing on the certified voting list that the voter is not

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disqualified to vote by the provisions of section 17-15-24. The ballot applications used by the

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party voters of each party shall be of a distinctive color. The clerk shall provide the voter with the

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corresponding computer ballot for the primary election in which the voter is eligible and desiring

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to vote. The warden shall take any steps that may be necessary to assure that each voter is given

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the computer ballot upon which the voter is eligible to vote.

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     17-15-24. Disqualification by activity in other party. -- No person shall be entitled to

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vote in the primary election of any political party who has voted in a primary election as a

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member of any other political party and has not changed his or her party designation as provided

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in chapter 9.1 of this title or has designated his or her affiliation with any other political party, as

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set forth in chapter 9.1 of this title. No person shall be debarred from voting in a party primary

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solely because of that person's signing of nomination papers of a candidate to be voted for at any

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primary. A person having designated his or her party affiliation as set forth in chapter 9.1 of this

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title shall be deemed to have taken part in the primary as a member of that political party, and

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shall be debarred from voting in the primary as a member of the opposite another political party

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until that person has changed his or her party affiliation as provided in chapter 9.1 of this title.

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     SECTION 5. Sections 17-19-9, 17-19-20, 17-19-21, 17-19-22, 17-19-23, 17-19-24, 17-

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19-26, 17-19-27, 17-19-28, 17-19-30 and 17-19-32 of the General Laws in Chapter 17-19 entitled

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"Conduct of Election and Voting Equipment, and Supplies" are hereby amended to read as

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follows:

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     17-19-9. Party emblems. -- In the preparation of all ballots, sample ballots, mail ballots,

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and war ballots to be used at any election other than a primary election, the secretary of state shall

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cause to be printed next to the name of each "political party", as defined in this title, listed in the

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straight party vote section of the computer ballot, the emblem of the political party. The emblem

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of the democratic party shall be the representation of a star. The emblem of the republican party

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shall be the representation of an eagle. The emblem of the cool moose party shall be the

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representation of a moose. The emblem of any political organization qualifying as a "political

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party" as defined in this title shall be selected by the state chairperson of the party; provided, that

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the emblem shall be entirely different for each political party, and may be any appropriate

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symbol, but neither the coat of arms or seal of any state or of the United States, the national or

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state flag, any religious emblem or symbol, the seal of any society, the portrait or likeness of any

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person, or the representation of a coin or of the currency of the United States, shall be chosen as

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an emblem. Whenever any emblem has been selected and used upon official ballots for any

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political party, it shall not thereafter be used for any other political party.

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     17-19-20. Repair or replacement of defective machines. -- If an optical scan precinct

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count unit is out of order, the warden shall notify the voting equipment technician assigned to

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respond to repair calls. While repairing or otherwise attending to the repair of any voting machine

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equipment, the voting equipment technician shall display, in a visible manner and on his or her

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clothing, an identification, furnished by the state board of elections, and which shall include a

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photograph of the voting equipment technician, whenever possible. In the event that repairs are

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made to the voting equipment, the voting equipment technician shall make the repairs in the

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presence of a bi-partisan pair of election officials and note on the official document provided the

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nature and extent of the repairs made by the technician, the number of the optical scan precinct

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count unit, the time required to make the repairs, and the probable cause of the failure to operate

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properly. If any optical scan precinct count unit cannot be repaired by the technician within a

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period of thirty (30) minutes, the technician and the board shall at once substitute another optical

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scan precinct count unit for the out of order unit, and at the close of the polls the records of both

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units shall be taken. During the time in which the optical scan precinct count unit is not accepting

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ballots, the warden shall, in the presence of the clerk, unlock the emergency bin compartment of

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the optical scan unit and direct voters to place their voted ballots into the compartment. Upon the

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repair of the unit, the warden in the presence of the clerk shall remove the ballots, deposit them in

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the appropriate ballot slot for counting by the unit and then close and lock the emergency

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compartment slot.

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     17-19-21. Arrangement of polling places -- Election officials -- Police officers. -- (a)

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The polling places shall be established, equipped, and furnished with the paraphernalia necessary

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for the conduct of each election, by the officers and in the manner as provided by this title. There

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shall be placed, outside each polling place, a clearly marked sign to be provided by the state

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board of elections indicating the location of the polling place. This sign shall be conspicuous, and

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visible from the street. The area within which the balloting is conducted shall be arranged with a

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guard rail having one place for entrance and another place for exit. The rail shall be placed so that

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only persons admitted inside the rail can approach within five (5) feet of any voting booth or

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optical scan precinct count unit. The voting booths and optical scan precinct count unit shall be

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placed so that the warden and the clerk always have a clear view of the front of each voting booth

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and the optical scan unit. It shall be the duty of the warden to direct the location of the voting

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equipment in relation to the guard rail and the posts of the warden and the clerk so as to enforce

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the requirements of this section.

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      (b) One bipartisan pair of supervisors, the clerk, and the warden shall be stationed, in

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that order, along the guard rail so that a voter desiring to cast a ballot will pass first in front of the

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bipartisan pair of supervisors, then in front of the clerk, and finally in front of the warden. A

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second bipartisan pair of supervisors shall be stationed within the guard rail and shall be available

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to relieve the first bipartisan pair of supervisors or the clerk, and to assist voters within the limits

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prescribed by this title. The second bipartisan pair of supervisors, when not engaged in the

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previously mentioned duties, shall watch the voters in and about the voting equipment and call to

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the attention of the warden any violation, or circumstance suggesting a violation, of the

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provisions of this title.

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      (c) The chiefs of police of cities and towns and town sergeants of towns having no chief

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of police shall detail a certain number of police officers to each polling place as may be requested

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by the local board. The police officers shall preserve order at each polling place and within two

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hundred (200) feet of the polling place. It is the duty of every police officer or other peace officer

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or constable to arrest without warrant any person detected in the act of violating the provisions of

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this chapter, but no arrest shall be made without the approval of the warden.

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      (d) The election officials provided in subsections (a) and (b) of this section shall be

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provided with, and are required to prominently display upon their persons, identification badges

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which set forth the designation of that person as an election official. Powers and duties of all

10-17

designated election officials at polls shall be posted in a conspicuous and prominent location

10-18

within the voting place, preferably with the posted sample ballot.

10-19

     17-19-22. Party checkers, runners, and watchers. -- The officers required to furnish

10-20

and equip any voting place shall also provide a table in the room where the voting is conducted,

10-21

outside the enclosed space near the first bipartisan pair of supervisors, at which a representative

10-22

of the republican party and a representative of the democratic party each political party, bearing

10-23

credentials signed by the proper ward or town committee chairperson, shall be allowed to sit, for

10-24

the purpose of keeping track of those who are voting, and these representatives, known as

10-25

"checkers," may be changed during the day. A representative, known as a "runner," of each of the

10-26

parties shall be allowed to come to the table at frequent intervals for the purpose of taking

10-27

whatever list or memoranda the checkers may wish to give the runner. A representative of the

10-28

republican party and a representative of the democratic party, bearing credentials signed by the

10-29

proper ward or town committee chairperson, also is allowed outside the enclosed place to observe

10-30

the voting and assist the checkers, and these representatives are known as "watchers." The

10-31

watchers and any election official have the right to challenge the right to vote of any person

10-32

offering himself or herself as a voter.

10-33

     17-19-23. Wardens and supervisors -- Powers and duties. -- The wardens shall:

10-34

      (1) Have general supervision of the voting place;

11-1

      (2) Assign the first, second, and any additional pairs of supervisors to their respective

11-2

stations;

11-3

      (3) From time to time assign and reassign and relieve the supervisors, as the efficient

11-4

conduct of the election may require;

11-5

      (4) Unlock the voting list and set it before the first bipartisan pair of supervisors if it has

11-6

not been divided in sections or set each section before a bipartisan pair of supervisors where it has

11-7

been divided in sections immediately preceding the opening of the polls;

11-8

      (5) Assign the second or additional bipartisan pair of supervisors to watch the voters

11-9

while they are in and about the voting booths, and to enter the voting booths for the purpose of

11-10

assisting voters who are unable to vote, within the limits provided by this chapter;

11-11

      (6) Be vigilant and responsible to prevent any voter from voting more than once;

11-12

      (7) Cause to be established a single line of persons desiring to vote and enlist the

11-13

assistance of the supervisors and the police in attendance to maintain that line;

11-14

      (8) So far as is consistent with their other duties, station themselves at the entrance to the

11-15

polling area and prevent any person from entering the enclosed space behind the rail except under

11-16

the authority of this chapter, and prevent any person from entering that space for the purpose of

11-17

voting until that person's name has been announced and that person's identity certified according

11-18

to law by the supervisors in charge of the voting list, and shall prevent any voter from departing

11-19

the enclosed space while in possession of his or her computer ballot. A notice shall be provided

11-20

by the state board and posted in a conspicuous place advising that it is a felony for a voter to

11-21

leave the enclosed area while in possession of his or her ballot. The voter has the option of

11-22

casting his or her ballot or surrendering the ballot to the warden whereby it will be marked void;

11-23

      (9) Cause to be removed or arrested any person or official who commits a violation of

11-24

the election law in their presence or disturbs the conduct of the voting; provided that they shall

11-25

not cause any removal or arrest without the approval of the election inspector, unless the clerk

11-26

agrees with the wardens that the person or official should be arrested or removed; and

11-27

      (10) Have the power to administer oaths as required by this title, and to attest the oaths

11-28

by signature in proof of the administration of the oaths.

11-29

     17-19-24. Procedure for voting. -- (a) Each person desiring to vote shall state his or her

11-30

name and residence, including that person's street address, if any he or she has, to one of the first

11-31

pair of bipartisan supervisors, who shall, at that time, announce the name and residence in a loud

11-32

and distinct voice, clear and audible. As each voter's name is announced, the voter will be handed

11-33

a ballot application in the following form:

11-34

     BALLOT APPLICATION

12-1

     (Poll List)

12-2

     Senatorial District __________

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     Representative District ______

12-4

     Voting District ____________

12-5

     Election

12-6

     Date ________________

12-7

     I hereby certify that I am a registered and qualified elector in the above voting district of

12-8

      City of

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     and hereby make application for ballots to be voted at this election.

12-10

     _____________________________

12-11

     (Signature of Voter)

12-12

     _____________________________

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     (Residence Address)

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     Number

12-15

     Approved ___________________

12-16

     (Supervisor of Election)

12-17

     (b) The voter shall sign the application in the presence and view of a bipartisan pair of

12-18

supervisors. They shall locate the voter's name on the certified voting list for the voting district.

12-19

Upon finding the voter's name on the certified voting list for the district, they shall initial the

12-20

ballot application in the place provided next to the word "Approved" and enter on the certified list

12-21

of voters a proper notation that the applicant has voted in the election. They shall then return the

12-22

ballot application to the voter who shall pass down the line and present it to the clerk. After the

12-23

voter has handed the approved ballot application to the clerk, the clerk shall provide the voter

12-24

with the appropriate computer ballot and security sleeve, the warden shall direct the voter to the

12-25

voting booth which the voter shall use, and unless the voter needs instruction or assistance as

12-26

provided in this chapter, the voter shall cast his or her vote and if he or she so desires place the

12-27

voted computer ballot in a security sleeve, and proceed to the optical scan precinct count unit and

12-28

shall personally place his or her voted ballot into the designated ballot slot on the unit and after so

12-29

doing, leave the enclosure at once. No voter shall remain within the voting booth longer than ten

12-30

(10) minutes, and if the voter refuses to leave after the lapse of ten (10) minutes, the voter shall be

12-31

removed from the booth by order of the warden. Except for the election officials and the election

12-32

inspector, not more than two (2) voters in excess of the number of voting booths shall be

12-33

permitted within the enclosed space at any time. (c) The optical scan precinct count unit shall be

12-34

programmed to return a ballot to the voter if the voter has cast votes for more persons than which

13-1

he or she is entitled to cast. The warden by reading the message given on the optical scan precinct

13-2

count unit must advise the voter of the fact that the ballot has been over-voted. The voter will be

13-3

instructed by the warden to remove his or her own ballot from the optical scan precinct count unit

13-4

ballot slot. The warden will then ask the voter to surrender the ballot as void and receive a new

13-5

ballot. If the voter agrees, the voter will make additional marks on the ballot so as not to identify

13-6

the actual votes intended by the voter for the ballot. The ballot will be marked void by the warden

13-7

and deposited in the receptacle for void ballots provided at the polling place. If the voter insists

13-8

on casting the over-voted ballot, he or she will be advised that all races, other than the over-voted

13-9

race, will be counted by the optical scan precinct count unit and if he or she still insists, the

13-10

warden will manually override the appropriate control on the unit and allow for the ballot to be

13-11

entered and counted for all races other than the over-voted race. (d) In the event a voter

13-12

incorrectly marks a ballot by indicating his or her choices other than in the spaces provided, the

13-13

ballot will be returned to the voter. The warden must advise the voter, by reading the message

13-14

given on the optical scan precinct count unit, of the fact that the ballot has been marked

13-15

incorrectly. The voter will be instructed by the warden to remove his or her own ballot from the

13-16

optical scan precinct unit ballot slot. The warden will then advise the voter to surrender the ballot

13-17

as void and receive a new ballot. If the voter agrees, the voter will make additional marks on the

13-18

ballot so as not to identify the actual votes intended by the voter for the ballot. The ballot will be

13-19

marked void by the warden and deposited in the receptacle for void ballots provided at the polling

13-20

place. The warden will then provide for the instruction of the voter on the correct manner of

13-21

marking his or her vote and the voter will be issued a new ballot. If the voter insists on casting the

13-22

incorrectly marked ballot, the warden will place the ballot in a special envelope marked "For

13-23

Manual Count" to be packaged and delivered to the local board of canvassers who will manually

13-24

count them after the close of the polls. At the close of the polls, the envelope shall be sealed and

13-25

signed by the warden and the clerk.

13-26

     17-19-26. Models for instruction -- Assistance to voters in marking their ballot. --

13-27

Any person desiring information or assistance in voting on election day shall apply to the warden,

13-28

who shall instruct the person by the use of the sample ballots. If a voter needs assistance in

13-29

casting his or her vote itself, and requests this assistance, the warden shall direct the second or

13-30

additional bipartisan pair of supervisors to instruct or assist the voter. The bipartisan pair of

13-31

supervisors shall enter the voting booth with the voter and instruct the voter in the marking of his

13-32

or her ballot, and if the voter has no further need of them, they shall both withdraw before the

13-33

voter casts his or her vote. If, however, the voter is unable to mark his or her ballot, the bipartisan

13-34

pair shall mark the ballot for the voter as he or she directs, but unless ordered so to do by a court

14-1

of competent jurisdiction, neither member of the pair shall disclose for whom and how the voter

14-2

voted. In every case of this nature both members of the bipartisan pair of supervisors shall enter

14-3

and leave the voting booth together, and it is a violation of this chapter for either to enter or

14-4

remain alone.

14-5

     17-19-27. Affidavit as to identity of voter challenged -- Penalty for false affidavit. --

14-6

(a) Whenever the identity of any person offering to vote is challenged at the polling place, that

14-7

person shall be permitted to vote only upon making and filing with the warden an affidavit in

14-8

substantially the following form:

14-9

     Under the penalty prescribed by law I hereby make affidavit that I am

14-10

     ________________________________________

14-11

     (here insert name)

14-12

     whose name appears upon the voting list certified for use at the polling place in voting

14-13

district ______________ of the city (or town) of ________________, senatorial district

14-14

________________, representative district ________________, on the ________________ day

14-15

of ______________ A.D. 20______, and that the above name under which I offer to vote is my

14-16

own name. __________________________________

14-17

     (Signature)

14-18

     Subscribed and sworn to on this ________________________________ day of

14-19

________________ A.D. 20______, before me

14-20

      __________________________________

14-21

     Warden

14-22

     Witness: ________________________________

14-23

     (b) Any person required to sign the above mentioned affidavit shall step out of line so

14-24

that others may vote and the warden shall at that time fill out the affidavit and a copy and permit

14-25

that person to read and sign it and shall administer the oath as required under this section, for

14-26

which purpose every warden is empowered to administer, and to attest it with his or her signature

14-27

in proof of the administration of the oath. The designated election official appointed on behalf of

14-28

the opposite a political party to other than that of the warden shall witness the voter's signature

14-29

and shall sign his or her own name in the appropriate space. The original shall be retained by the

14-30

warden and the copy shall be handed to the voter, who shall immediately be permitted to vote.

14-31

     (c) At the closing of the polls, the warden shall seal up the affidavits and cause them to be

14-32

delivered to the local board together with the voting lists.

14-33

     (d) Every person who makes a false affidavit under this section is guilty of a felony.

14-34

     17-19-28. Temporary registration certificates. -- (a) Any person whose name is not on

15-1

the certified voting list for the city or town in which the voter resides and who claims a right to

15-2

vote may apply to the local board for a certificate entitling that person to vote. Upon receipt of

15-3

any application for a certificate, accompanied by proof of the identity of the applicant, the local

15-4

board shall inspect the registry records retained in the office of the board, and if the inspection

15-5

discloses that the applicant is qualified to vote at the election the board shall issue to the applicant

15-6

its certificate, signed manually by the board or a member of it, a copy of which shall be retained

15-7

by the board, addressed to the warden of the voting district in which the applicant is found to be

15-8

qualified to vote, which certificate shall be marked "Temporary certificate of registration" and

15-9

shall have the same force and effect as the inclusion of the applicant's name on the certified

15-10

voting list. The certificate shall be presented to the warden may be examined by the warden and

15-11

by a designated election official appointed on behalf of the opposite a political party other than

15-12

that of the warden. It shall then be retained by the warden and returned to the board at the time

15-13

prescribed for the return of the certified voting list.

15-14

      (b) At the time that a temporary certificate is issued by the local board, a proper record

15-15

of this action shall be made and signed by the members of the board who ordered the issuance of

15-16

the certificate.

15-17

      (c) At the same time a voter receives a temporary certificate, the board shall prepare a

15-18

new registration card or cards, if necessary, containing the same information shown by the

15-19

registry records, which shall be executed and signed as provided in section 17-9.1-6; and if at any

15-20

other time a registration card of any person is not found and the local board determines that the

15-21

person was registered or is entitled to be registered, new registration cards shall be completed in

15-22

the same manner, if necessary.

15-23

     17-19-30. Voters who register by making a mark rather than signature. -- Any voter

15-24

who has registered by making his or her mark rather than his or her signature or who is physically

15-25

unable to sign his or her name at the time of offering himself or herself to vote shall identify

15-26

himself or herself by correctly answering any questions put to him or her by the supervisors that

15-27

may test the voter's knowledge of the information recorded on the voter's registration card. In that

15-28

case, the bipartisan pair of supervisors shall complete a ballot application for the voter and make

15-29

and annex to it an affidavit that they identified the voter in the manner authorized by this section.

15-30

They shall permit the voter to affix the voter's mark to the application in their presence and record

15-31

their approval on the application as in other cases.

15-32

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

15-33

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

15-34

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

16-1

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

16-2

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

16-3

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

16-4

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

16-5

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

16-6

number of votes cast for persons not nominated. The clerk shall at that time copy the election

16-7

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

16-8

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

16-9

scan precinct count unit. If they are found to agree, the warden, together with the clerk, shall sign

16-10

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

16-11

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

16-12

     SECTION 6. Sections 17-20-3, 17-20-14, 17-20-14.1 and 17-20-14.2 of the General

16-13

Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended to read as follows:

16-14

     17-20-3. Definitions. [Effective January 1, 2002.] -- (a) Wherever used in this chapter,

16-15

every word importing the masculine gender only shall be construed to extend to and include

16-16

females as well as males.

16-17

      (b) Whenever used in this chapter, the term "bipartisan” pairs of supervisors" shall be

16-18

construed for primaries to mean a supervisor representing the endorsed candidates and a

16-19

supervisor representing a majority of unendorsed candidates, and "nonpartisan elections and

16-20

primaries" shall be construed to mean nonpartisan pairs of supervisors. to mean pairs appointed

16-21

in accordance with the procedures set forth in section 17-11-13.

16-22

      (c) Wherever used in this chapter, the term "services intimately connected with military

16-23

operations" shall be construed to include members of religious groups or welfare agencies

16-24

assisting members of the armed forces who are officially attached to and serving with the armed

16-25

forces and their spouses and dependents, and the spouses and dependents of members of the

16-26

armed forces and of the merchant marine; provided, that the spouses and dependents shall be

16-27

residing outside of the state with the members of the armed forces, merchant marine, or members

16-28

of the religious or welfare agencies.

16-29

      (d) Whenever a signature is required by a voter in this chapter, "signature" shall also

16-30

mean the voter's mark "X" if the person is unable to sign his or her name because of physical

16-31

incapacity or otherwise.

16-32

      (e) Wherever used in this chapter, the term "employed outside of the United States" shall

16-33

be construed to include any person who is: (1) employed by any agency, department or division

16-34

of the United States government and who by reason of such employment resides outside of the

17-1

continental United States; (2) employed outside the territorial limits of the United States; or (3) a

17-2

spouse or dependent residing with persons so employed.

17-3

     17-20-14. Voting from hospitals and convalescent homes -- Penalty for interference.

17-4

-- (a) The state board of elections shall appoint as many bipartisan pairs of supervisors as are

17-5

necessary whose duty it is to attend each hospital, rest home, nursing home and convalescent

17-6

home, or similar types of personal care facility in the state within seven (7) days prior to the

17-7

election. They shall supervise the casting of votes by persons using mail ballots at a place that

17-8

will preserve their secrecy and shall take acknowledgments or serve as witnesses, and jointly

17-9

provide assistance, if requested, to assure proper marking, sealing, and mailing of ballots as

17-10

voted. Every mail ballot cast by a patient in a hospital or convalescent home within this state must

17-11

be witnessed by the state supervisors. It shall be the duty of the person or persons in charge of

17-12

hospitals, rest homes, nursing homes and convalescent homes, or similar types of personal care

17-13

facility to allow the state supervisors to perform their duties as set forth in this section at all

17-14

reasonable times. Every person who willfully hinders the state supervisors in performing their

17-15

duties as set forth in this section shall be guilty of a misdemeanor.

17-16

      (b) It shall be the responsibility of the state board of elections to provide all bipartisan

17-17

pairs of supervisors with an official identification card. All bipartisan pairs of supervisors are

17-18

required to have in their possession their identification card when conducting official business.

17-19

      (c) Any person who shall deliberately misrepresent themselves as an official of the board

17-20

of elections, or who deceives, coerces, or interferes with a voter casting a ballot, shall be subject

17-21

to prosecution under section 17-20-30 of this chapter.

17-22

     17-20-14.1. Mail ballots -- Local supervision. [Effective January 1, 2002.] -- Each

17-23

local board shall be authorized to appoint one or more bipartisan pairs of supervisors in the

17-24

manner as other bipartisan pairs of supervisors are appointed for each election, whose duty it is to

17-25

attend each person who makes an application for a mail ballot under sections 17-20-2.1 and 17-

17-26

20-2.2, who does not fall under the provisions of section 17-20-14, and who requests that a

17-27

bipartisan pair of supervisors be sent by the board of canvassers to that person's place of

17-28

residence for the purpose of supervising or assisting the mail voter in casting his or her vote. The

17-29

bipartisan pairs of supervisors shall supervise the casting of votes by persons using the mail ballot

17-30

at a place that will preserve their secrecy and shall take acknowledgments or serve as witnesses,

17-31

and jointly provide assistance, if requested, to assure proper marking, sealing, and mailing of

17-32

ballots as voted. The failure or neglect of any local board to appoint these bipartisan pairs of

17-33

supervisors, or the failure or neglect of any pair to attend any place at which a mail voter's ballot

17-34

may be used, or the marking, sealing, or mailing of ballots in the absence of any pair, does not

18-1

invalidate any ballot.

18-2

     17-20-14.2. Voting from board of canvassers. -- The state board of elections shall

18-3

appoint as many pairs of supervisors as are necessary, whose duty it is to attend each board of

18-4

canvassers in the state on each of the six (6) business days prior to the election and on election

18-5

day and on as many additional days as the state board shall direct to supervise the casting of votes

18-6

by persons using mail ballots at a place that will preserve their secrecy and to take

18-7

acknowledgments or serve as witnesses, and jointly provide assistance, if requested, to assure

18-8

proper marking, sealing, and mailing of ballots as voted. The pairs appointed by the board of

18-9

elections shall be "bipartisan", as defined in this title, appointed pursuant to section 17-11-13,

18-10

unless the persons are members or employees of the boards of canvassers of the cities and towns.

18-11

The state board of elections may, in its discretion, appoint members and employees of the boards

18-12

of canvassers of the cities and towns to the pairs of supervisors provided for in this section. Every

18-13

mail ballot cast at a board of canvassers must be witnessed by the state supervisors. Every person

18-14

who willfully hinders the state supervisors in performing their duties as set forth in this section

18-15

shall be guilty of a misdemeanor.

18-16

     SECTION 7. Section 17-23-7 of the General Laws in Chapter 17-23 entitled "Election

18-17

Offenses" is hereby amended to read as follows:

18-18

     17-23-7. Protection of names of major parties. Protection of names of political

18-19

parties. -- (a) It shall be unlawful for any club or society or association, whether incorporated or

18-20

not, to include in its name the word "republican" or "democrat" or “cool moose” or any other

18-21

designation indicating its affiliation with a political party, unless:

18-22

      (1) If it is state or congressional district wide in its membership or activities, it has the

18-23

written consent for the inclusion of the state central committee of the republican, or democratic,

18-24

cool moose or other party, as the case may be;

18-25

      (2) If it is city or town wide in its membership or activities, it has the written consent for

18-26

the inclusion of the city or town committee of the republican, or democratic, cool moose or other

18-27

party, as the case may be, of the city or town in which its activities are or are to be centered;

18-28

      (3) If it is ward or voting district wide in its membership or activities, it has a written

18-29

consent for the inclusion of the ward committee of the republican or democratic party, as the case

18-30

may be, of the ward in which its activities are or are to be centered; or

18-31

      (4) If it is senatorial or representative district wide in its membership or activities, it has

18-32

the written consent for the inclusion of the district committee of the republican or democratic

18-33

party, as the case may be, of the senatorial or representative district, as the case may be, in which

18-34

its activities are or are to be centered.

19-1

      (b) Every member and every officer of any club, society, or association, whether

19-2

incorporated or not, violating any of the provisions of this section shall be guilty of a petty

19-3

misdemeanor.

19-4

      (c) Upon the written request of one member of the committee from which consent for the

19-5

inclusion should have been obtained as provided in this section, the attorney general shall

19-6

institute appropriate court proceedings to prevent continued violations of this section.

19-7

     SECTION 8. This act shall take effect upon passage.

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LC01327

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS -- LOCAL CANVASSING AUTHORITIES

***

20-1

     This act would change all references to “bipartisan” election activity to reflect the current

20-2

multi-party status in Rhode Island, and would add the “Cool Moose” party to the protected names

20-3

section. This act would also change the size and composition of local canvassing authorities.

20-4

     This act would take effect upon passage.

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LC01327

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