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2013 -- S 0453 | |
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LC01852 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO ELECTIONS - CONDUCT OF ELECTIONS AND VOTING EQUIPMENT | |
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AND SUPPLIES | |
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Introduced By: Senators McCaffrey, Lynch, and Lombardo | |
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Date Introduced: February 28, 2013 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 17-19-37.1 of the General Laws in Chapter 17-19 entitled "Conduct |
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of Election and Voting Equipment, and Supplies" is hereby amended to read as follows: |
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17-19-37.1. Recount eligibility -- Candidates for public office. -- A candidate for |
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election or nomination for election to public office shall be eligible to request a recount of the |
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votes cast in his or her race pursuant to the following: |
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(1) In those races in which a single candidate is elected a candidate who trails the |
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winning candidate may request a recount of the votes cast at each precinct by a manual re-feeding |
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of the computer ballots cast in said race into the optical scan voting equipment provided that the |
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candidate shall trail the winning candidate by less than the following number of votes: |
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(a) In those races where the number of votes cast is less than or equal to twenty thousand |
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(20,000) the candidate requesting the recount shall trail the winning candidate by two percent |
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(2%) or two hundred (200) votes, whichever is less; in those races where the number of votes cast |
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is between twenty thousand one (20,001) and one hundred thousand (100,000) the candidate |
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requesting the recount shall trail the winning candidate by one percent (1%) or five hundred (500) |
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votes, whichever is less; and, in those races where more than one hundred thousand (100,000) |
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votes are cast the candidate requesting the recount shall trail the winning candidate by one-half of |
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one percent (1/2%) or one thousand five hundred (1,500) votes, whichever is less. |
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(b) For the purpose of determining recount eligibility, as prescribed in subsections (1)(a) |
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and (3) of this section, the number of votes cast in a race shall include the votes cast for |
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candidates and irregular ballots cast pursuant to section 17-19-31. |
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(2) In those races in which more than one candidate is elected a candidate who trails the |
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winning candidate may request a recount of the votes cast at each precinct by a manual re-feeding |
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of the computer ballots cast in said race into the optical scan voting equipment provided that the |
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candidate shall trail the winning candidate by less than the following number of votes: |
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(a) In those races where the number of votes cast is less than or equal to five thousand |
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(5,000) the candidate requesting the recount shall trail the winning candidate by two percent (2%) |
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or fifty (50) votes, whichever is less; in those races where the number of votes cast is between |
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five thousand one (5,001) and twenty thousand (20,000) the candidate requesting the recount |
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shall trail the winning candidate by one percent (1%) or one hundred (100) votes, whichever is |
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less; and in those races where more than twenty thousand (20,000) votes are cast the candidate |
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requesting the recount shall trail the winning candidate by one-half of one percent (1/2%) or one |
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hundred fifty (150) votes, whichever is less. |
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(b) For the purpose of determining recount eligibility, as prescribed in subsections (2)(a) |
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and (3) of this section, the total number of votes cast in a race shall be determined by dividing the |
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total number of votes eligible to be cast in the race by the number of candidates for whom each |
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voter was eligible to cast votes. |
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(3) Notwithstanding the requirements of subsections (1)(a) and (2)(a) of this section, a |
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candidate who trails the winning candidate by five percent (5%) or less, but more than the |
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minimum percentage or number of votes as required in subsections (1)(a) or (2)(a) of this section, |
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as applicable, may petition the state board to conduct a recount of the votes cast at each precinct |
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by re-reading the programmed memory device or devices and comparing the results and totals |
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obtained at such recount with the results and totals obtained on election night. If, after said |
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recount, a candidate shall trail the winning candidate by less than the number of votes prescribed |
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in subsection (1)(a) or (2)(a) of this section, as the case may be, the candidate may request a |
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recount of the votes cast at each precinct to subsection (1)(a) or (2)(a) of this section, as is |
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applicable. |
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Mail ballots counted by the board of elections shall not be recounted except where |
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competent evidence of irregularities would support an order by the board of elections. No |
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precinct cast ballot may be reviewed for voter intent by the board of elections except in a case |
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where competent evidence would support an order by the board of elections. |
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The state board shall have the authority to adopt rules and regulations to implement and |
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administer the provisions of this section. |
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SECTION 2. This act shall take effect upon passage. |
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LC01852 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO ELECTIONS - CONDUCT OF ELECTIONS AND VOTING EQUIPMENT | |
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AND SUPPLIES | |
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*** | |
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This act would allow recount of mail ballots and precinct cast ballots only where there is |
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competent evidence of irregularities. |
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This act would take effect upon passage. |
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LC01852 | |
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