2013 -- H 5831

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LC01846

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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 - VOTING DISTRICTS AND OFFICIALS

     Introduced By: Representatives Amore, and Ackerman

     Date Introduced: February 28, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 17-11-6, 17-11-8 and 17-11-11 of the General Laws in Chapter 17-

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11 entitled "Voting Districts and Officials" are hereby amended to read as follows:

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     17-11-6. Appointment of district moderators and clerks in cities or towns

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Appointment of district moderators, monitors, and clerks in cities or towns. -- (a) All district

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clerks and district moderators in each of Rhode Island's towns shall be appointed by the local

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canvassing authority of each municipality at least thirty-five (35) days before any election or

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district or town meeting. All district monitors shall be appointed by the local canvassing authority

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of each municipality at least thirty-five (35) days before a general election only to polling places

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with an eligible vote of one thousand nine hundred (1,900) voters or greater.

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      The appointment of the district clerks, monitors and moderators shall be from a list of

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not less than ten (10) registered voters submitted by the chairpersons of the local political town

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committees. Each town committee chairperson shall submit said names at least fifteen (15) days

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prior to the appointment date as set by the local canvassing board.

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      If the local chairpersons fail to submit a list of names as provided herein, the

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appointments shall be made by the local board of canvassers from the voting list of the town.

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      The appointed district clerk, district monitor and district moderator of a polling place

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shall not all be of the same political party.

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     (b) Any district moderator or district clerk elected to office in the 2008 general election

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shall continue to serve in his/her position through the conclusion of his/her term, but in no event

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later than December 31, 2010.

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

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moderators, monitors and clerks - Vacancies. -- The moderators, monitors and clerks shall

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

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names. Every person appointed as a moderator, monitor or clerk shall immediately be notified of

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his or her appointment and shall, within five (5) days of his or her appointment, accept or decline

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

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

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political affiliation 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 Selection of wardens, monitors

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and clerks in cities. -- At least thirty-five (35) days before any election, the local board in each

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city shall appoint for each polling place within the city where an election is to be held a warden

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and clerk, not from the same political party. The appointments shall be made from a list of not

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less than ten (10) registered voters presented to the board by the city or town committees of the

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political parties at least forty-five (45) days before any election. All district monitors shall be

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appointed by the local board of each municipality at least thirty-five (35) days before a general

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election only to polling places with an eligible vote of one thousand nine hundred (1,900) voters

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or greater.

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     SECTION 2. Sections 17-19-21 and 17-19-23 of the General Laws in Chapter 17-19

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

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as follows:

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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 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 of a conspicuous

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nature, and shall be visible from the street. The area within which the balloting is conducted shall

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be arranged with a guard rail having one place for entrance and another place for exit. The rail

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shall be placed so that only persons admitted inside the rail can approach within five (5) feet of

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any voting booth or optical scan precinct count unit. The voting booths and optical scan precinct

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count unit shall be placed so that the warden and the clerk shall always have a clear view of the

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front of each voting booth and the optical scan unit. It shall be the duty of the warden to direct the

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location of the voting equipment in relation to the guard rail and the posts of the warden and the

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clerk so as to enforce the requirements of this section.

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

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

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pair shall be stationed within the guard rail and shall be available to relieve the first bipartisan

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pair or the clerk, and to assist voters within the limits prescribed by this title. The second

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bipartisan pair, when not engaged in the preceding duties, shall watch the voters in and about the

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voting equipment and shall call to the attention of the warden any violation, or circumstance

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suggesting a violation, of the provisions of this title. During general elections, the monitor shall

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act as a greeter at the entrance of the polling place and have duties as prescribed in Rhode Island

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general law section 17-19-23.

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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

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

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within two hundred (200) feet of the polling place. It shall be the duty of every police officer or

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other peace officer or constable to arrest without warrant any person detected in the act of

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violating the provisions of this chapter, but no arrest shall be made without the approval of the

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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 shall be required to prominently display upon their persons, identification

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badges which shall designate that person as an election official. Powers and duties of all

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

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

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     17-19-23. Wardens and supervisors -- Powers and duties Wardens, monitors and

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supervisors – Powers and duties. – (a) The wardens shall:

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     (1) Have general supervision of the voting place;

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

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stations;

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

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conduct of the election may require;

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     (4) Unlock the voting list and set it before the first bipartisan pair, if it has not been

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divided in sections, or set each section before a bipartisan pair where it has been divided in

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sections, immediately preceding the opening of the polls;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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void;

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

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election law in their presence or disturbs the conduct of the voting; provided, that they shall not

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cause any removal or arrest without the approval of the election inspector, unless the clerk agrees

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

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

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signature in proof of the administration of the oaths.

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     (b) The monitor shall:

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     (1) Function as a greeter at the entrance of the polling place to insure voters are in the

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appropriate line;

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     (2) Answer any questions of voters;

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     (3) Have knowledge of the responsibilities of the warden, moderator, clerk and/or

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supervisors;

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     (4) Have any and all other duties and responsibilities assigned by the warden/moderator;

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and

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     (5) Be compensated and trained in accordance with the provision of this title.

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     SECTION 3. This act shall take effect upon passage.

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LC01846

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS - VOTING DISTRICTS AND OFFICIALS

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     This act would add the position of a monitor to the list of election officials to any polling

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place in excess of one thousand nine hundred (1,900) eligible voters during a general election.

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     This act would take effect upon passage.

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LC01846

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