2013 -- H 5783

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LC01847

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ELECTIONS -- BOARD OF ELECTIONS

     Introduced By: Representatives Edwards, Gallison, Marshall, Canario, and Keable

     Date Introduced: February 28, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-7-5 of the General Laws in Chapter 17-7 entitled "State Board of

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Elections" is hereby amended to read as follows:

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     17-7-5. Powers and duties -- Quorum. -- (a) The state board shall have those functions,

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powers, and duties that are prescribed by this title or otherwise pursuant to law. In the exercise of

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these functions, powers, and duties, but without limitation to them, the board shall:

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      (1) Exercise general supervision of the administration of the election law by local

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boards;

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      (2) Furnish all binders, forms, cabinets, and other supplies required for the operation of

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the system of permanent registration of voters throughout the state, as provided by this title;

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      (3) Require the correction of voting lists by any local board whenever the state board has

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information or cause to believe that any error exists in the lists, and shall immediately notify the

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secretary of state of any corrections;

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      (4) Have responsibility for supervising the vendor to the extent that services under the

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jurisdiction of the state board are performed by the vendor as prescribed by section 17-19-3.

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      (5) Prepare, package, and deliver election supplies to the various cities and towns for

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each voting district, except for supplies listed in this title for delivery by the office of the

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secretary of state;

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      (6) (i) Appoint, qualify and assign all state inspectors of elections. The state board of

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elections shall formulate programs of instruction and shall determine the method and manner of

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instruction which shall be provided to the local boards and to the vendor providing training

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pursuant to any agreement between the state and the vendor for the training of election officials.

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The program of instruction shall include familiarization with the election laws and duties of

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various election officials, together with the exercise of sample situations which may be

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encountered in the process of voting, geographical boundaries of the voting district to which the

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official may be assigned, offices and questions which may be on the ballot, and any other

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information that the board of elections may deem appropriate. The availability of these programs

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of instruction for local boards shall be pursuant to the procedures, rules and regulations adopted

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by the board of elections.

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      (ii) The board of elections shall also formulate and provide an informational pamphlet

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containing detailed instructions regarding the duties of elections officials and the operation of

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polling places. All informational pamphlets shall be distributed to the local boards who shall, in

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turn, see to their distribution to all election officials prior to any election;

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     (7) Prior to any election, the state board of elections shall provide at least one training

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session to all individuals assigned to work at a poll location. A reasonable portion of the same

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training session shall be allocated for the office of the secretary of state to provide the individuals

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assigned to work at a poll location with an orientation on the voter identification requirements,

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the method on which proof of identification shall be presented and all other issues that may arise

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on election day which the secretary of state deems pertinent.

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      (7)(8) Canvass and tabulate all votes cast at each state election; and count, canvass, and

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tabulate the votes cast by mail voters as provided in this title;

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      (8)(9) Select dates for off year and special election primaries, except the dates for any

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primaries for local elections that require fixing by the local board pursuant to chapter 15 of this

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title;

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      (9)(10) Furnish each elected candidate for all state or national offices a certificate of

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election;

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      (10)(11) Furnish the secretary of state with a certified statement of the number of votes

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cast in each voting district for all state and national candidates, the votes cast for and against all

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state questions which appeared on the ballot, and a certificate of election for each national

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candidate who is elected in this state, and furnish the governor with a certified list of the general

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officers elected at each general election;

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      (11)(12) Hold hearings relating to recounts or other protests of the results or conduct of

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an election;

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      (12)(13) Maintain any books and records of the votes cast, and publish any statements

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and reports, that it may deem to be in the public interest;

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      (13)(14) Arrange and make provisions for the registration of voters pursuant to the

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National Voter Registration Act (NVRA) of 1993, 42 U.S.C. section 1973gg et seq. The state

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board shall formulate programs to assist those persons or organizations desiring to register voters

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and shall provide, pursuant to procedures, rules, and regulations it shall adopt, voter registrations

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services which may include training sessions, registration materials, manuals and other services

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for the purpose of registering to vote eligible Rhode Island citizens;

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      (14)(15) Annually conduct a voter registration drive at each institution of higher

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education at the level of junior college or above in the state; and

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      (15)(16) Establish and maintain an administrative complaint procedure in accordance

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with Section 402 of the Help America Vote Act (P.L. 107-252) [42 U.S.C. section 15512_.

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      (b) The state board shall also have all of the powers and duties formerly conferred or

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imposed by existing law upon the division of elections and the election board, and whenever in

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any other general law, public law, act, or resolution of the general assembly, or any document,

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record, or proceeding authorized by the general assembly, the phrase "division of elections" or

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"election board" or any other word or words used in reference to or descriptive of the division,

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board, or any member or employee of the division or board, or to their respective activities or

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appointees, or any of them, the word, phrase, or reference shall, unless the context otherwise

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requires, be deemed to refer to and describe the state board, its members, appointees, and

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activities, as the context may require.

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      (c) The state board shall have power to make any rules, regulations, and directives that it

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deems necessary to carry out the objects and purposes of this title not inconsistent with law.

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      (d) The state board shall also have jurisdiction over all election matters on appeal from

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any local board and over any other matters pertinent and necessary to the proper supervision of

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the election laws.

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      (e) Four (4) members of the state board shall constitute a quorum.

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      (f) Notwithstanding the provisions of section 42-35-18(b)(22), all rules and regulations

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implementing and enforcing the provisions of the Help America Vote Act of 2002 (P.L. 107-252)

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[42 U.S.C. section 15301 et seq.]shall be promulgated in accordance with the rule-making

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provisions contained in sections 42-35-1 -- 42-35-8.

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     SECTION 2. This act shall take effect upon passage.

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LC01847

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS -- BOARD OF ELECTIONS

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     This act would provide for the secretary of state or his/her designee to work in

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conjunction with the state board of elections on poll-worker training regarding voter

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identification.

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     This act would take effect upon passage.

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LC01847

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