2024 -- S 2447

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LC004531

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO ELECTIONS -- STATEWIDE REFERENDA ELECTIONS

     Introduced By: Senators McKenney, Lawson, Acosta, Cano, and Gallo

     Date Introduced: February 12, 2024

     Referred To: Senate Judiciary

     (Secretary of State)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-5-1.1, 17-5-3 and 17-5-5 of the General Laws in Chapter 17-5

entitled "Statewide Referenda Elections" are hereby amended to read as follows:

     17-5-1.1. Special referenda elections.

     Any proposition of amendment of the Constitution or any other public question submitted

to the electors of the state at any election not a general election pursuant to § 17-1-2(2) shall be

held on the first Tuesday next after the first Monday of any month and shall be voted upon at town,

ward, and district meetings, in accordance with the following procedure:

     (1) When an act of the general assembly is passed authorizing the submission of a question

to all of the electors of the state, the secretary of state is authorized to rephrase the question to

appear on the ballot in a manner that would clearly apprise the voters of the question to be voted

upon and to cause the ballot to contain a concise caption of the question, and the full text of the

question as adopted by the general assembly need not appear on the ballot except for proposed

amendments to the Constitution of the state of Rhode Island., but shall:

     (i) Require that the question shall be stated in plain language reasonably calculated to be

understood by persons with an eighth-grade reading level; and

     (ii) The secretary of state shall cause each question appearing on the ballot prepared by him

or her to be designated by number, the first question to be designated by the numeral I and

additional questions shall follow numbered so that all questions submitted to all the electors of the

state and appearing upon the ballot are numbered consecutively; provided that local questions shall

be printed on a distinctive colored background.

     (2) Prior to the election at which public questions are to be submitted, the secretary of state

shall cause to be printed and shall send one copy of the full text of each legislative act to be acted

upon and applicable to the state at large, or the secretary of state may substitute a description of the

text of each act in lieu of the full text, to each residential unit in Rhode Island together with the

following information:

     (i) The designated number of the question appearing on the ballot;

     (ii) A brief caption of the question appearing on the ballot; and

     (iii) A brief explanation of the measure being the subject matter of the question.

     (3) Voting on a proposition of amendment of the Constitution or of a public question of

statewide impact shall be by means of optical-scan voting equipment and computer ballots

authorized pursuant to this title.

     17-5-3. Publication of questions to be submitted to voters.

     (a) Prior to each general election at which public questions are to be submitted, the

secretary of state shall cause to be printed and shall send one copy of the full text of each legislative

act to be acted upon and applicable to the state at large, or the secretary of state may substitute a

description of the text of each act in lieu of the full text, to each residential unit in Rhode Island

together with the following information:

     (1) The designated number of the question;

     (2) A brief caption of the question;

     (3) A brief explanation of the measure that is the subject matter of the question stated in

plain language reasonably calculated to be understood by persons with an eighth-grade reading

level; and

     (4) A notice that voter fraud is a felony and the penalty for voter fraud. This notice shall be

in conspicuous lettering and shall contain the following language: “You must be registered to vote

from your actual place of residence.”

     (b) If the public question involves the issuance of bonds or other evidence of indebtedness

or any other long term financial obligation such as a lease, the notice required by subsection (a) of

this section shall also include at least the following information to be provided by the agency or

department for which the bonds or other evidence of indebtedness or any other long term financial

obligation is intended:

     (1) The estimated total cost of the project or program, including financing (using a

reasonable assumed rate of interest), legal, and other costs.

     (2) The estimated useful life of the project, and the term of the bonds, other indebtedness,

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or other obligation.

     (3) A reasonably detailed description of the project or program, its purposes, and a project

timetable.

     17-5-5. Language contained on computer ballots.

     (a) Notwithstanding the authority of the secretary of state to determine the design and

content of the computer ballots by rules and regulations, all computer ballots shall contain a clear

and concise statement of the nature of each question stated in plain language reasonably calculated

to be understood by persons with an eighth-grade reading level, presented without the necessity of

repeating the full text of the question as adopted by the general assembly; provided, that in the case

of proposed amendments to the Constitution of the state of Rhode Island, the full text as adopted

by the general assembly shall be reprinted on the computer ballots. The secretary of state shall

cause each question appearing on the computer ballot prepared by the secretary to be designated

by number, the first question to be designated by the number I, and additional questions shall be

submitted with numbers in consecutive order.

     (b) Notwithstanding the foregoing, in the general election to be held on November 2, 2004,

in order to avoid a two-sheet statewide ballot, given the number of public questions to be submitted

to the electors at such general election, the secretary of state may prepare the ballot in such manner

that the statewide public questions involving the issuance of bonds or other evidence of

indebtedness, or other long-term financial obligation, shall appear on the ballot with only a caption

and the amount of financial obligation to be incurred, but without the clear and concise statement

of each question, as otherwise required. Provided, however, that such clear and concise statement

of such question shall instead appear in a conspicuous location within each privacy voting booth at

each polling place with additional copies thereof available at each polling place; and for mail ballot

voters, each such ballot sent to a mail ballot voter shall be accompanied by a clear and concise

statement of each question printed on a separate sheet of paper.

     (c) Notwithstanding the foregoing, in the general election to be held on November 4, 2014,

in order to avoid a multiple page statewide ballot, given the number of public questions to be

submitted to the electors at such general election, the secretary of state may prepare the ballot in

such manner that the statewide public questions involving the issuance of bonds or other evidence

of indebtedness, or other long-term financial obligation, shall appear on the ballot with only a

caption and the amount of financial obligation to be incurred, but without the clear and concise

statement of each question, as otherwise required; provided, however, that such clear and concise

statement of such question shall instead appear in a conspicuous location within each privacy voting

booth at each polling place with additional copies thereof available at each polling place; and for

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mail ballot voters, each such ballot sent to a mail ballot voter shall be accompanied by a clear and

concise statement of each question printed on a separate sheet of paper.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- STATEWIDE REFERENDA ELECTIONS

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     This act would amend certain election statutes to require ballot questions be written in plain

language reasonably calculated to be understood by persons with an eighth-grade reading level.

     This act would take effect upon passage.

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