2025 -- H 5516 SUBSTITUTE A AS AMENDED

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO ELECTIONS -- CONDUCT OF ELECTION AND VOTING EQUIPMENT,

AND SUPPLIES

     Introduced By: Representatives Baginski, Paplauskas, and Lima

     Date Introduced: February 13, 2025

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-19-31 of the General Laws in Chapter 17-19 entitled "Conduct of

Election and Voting Equipment, and Supplies" is hereby amended to read as follows:

     17-19-31. Irregular ballots.

     Ballots voted for any person whose name does not appear on the ballot as a nominated

candidate for office are referred to in this section as “irregular ballots.” In voting for presidential

electors, a voter may vote an irregular ticket made up of the names of persons in nomination by

different parties; or partly of names of persons in nomination and partly of names of persons not in

nomination; or wholly of names of persons not in nomination by any party. Scanned images of the

computer ballot containing the irregular ballot shall be stored digitally on physical electronic media

in the optical-scan precinct-count unit and published on the state board website. With that

exception, no irregular ballot shall be voted for any person for any office whose name appears on

the ballot as a nominated candidate for that office; any irregular ballot so voted shall not be counted.

An irregular ballot must be cast in its appropriate place on the ballot, or it shall be void and not

counted and no irregular ballots shall be counted at primaries; provided, that at any presidential

primary, irregular ballots shall be counted for those persons whose names have been written in for

the office of president. At the close of the polls, irregular ballots shall be packaged according to §

17-19-33 and shall be immediately delivered to the local board of canvassers. The local board shall

receive the tape from the optical precinct-count unit containing printed images of each written name

on the irregular ballots, or the physical electronic media containing images of the irregular ballots

and record containing all write-in votes cast for all federal, state, and local races listed on the tape.

If the total number of write-in votes cast, may affect the election outcome for a particular office,

including whenever the total number of write-in ballots cast falls within the margins of a valid

recount request for that office, the local board shall adjudicate each individual write-in vote cast

for that office and report the total qualified write-in votes cast to the state board. The state board

shall notify the applicable local board(s) when the total write-in votes cast in any contest, may

affect the election outcome for any particular office. The local board shall notify the state board of

the results through a procedure promulgated by the state board. A write-in candidate, who has filed

required campaign finance reports with the state board, or who has neither accepted contributions,

nor made aggregate expenditures in excess of the amounts for which a filing exemption would be

available to other candidates under § 17-25-11(e), is entitled to an adjudication of the write-in votes

cast in their contest, regardless of the total write-in votes cast in that contest, through a procedure

promulgated by rules and regulations of the state board. The rules shall be promulgated in

accordance with the rulemaking provisions of chapter 35 of title 42 ("administrative procedures"),

notwithstanding the provisions of § 42-35-18(b)(7), except where urgently necessary to address a

time sensitive issue.

     SECTION 2. Section 17-22-7 of the General Laws in Chapter 17-22 entitled "Tabulation

and Certification of Returns by State Board" is hereby amended to read as follows:

     17-22-7. Books of record of votes — Contents.

     (a) The board shall keep separate books of record of the votes cast for the different classes

of officers which it is its duty to count, canvass, and tabulate, as follows:

     (1) A book of record of votes cast for electors of president and vice-president;

     (2) A book of record of votes cast for senators and representatives in congress;

     (3) A book of record of votes cast for general officers; and

     (4) A book of record of the votes cast for each class of officers that may by law

subsequently be required to be counted, canvassed, and tabulated by the board.

     (b) Each of the respective books shall contain:

     (1) A record of the number of votes cast in each voting district for each candidate according

to the counting, canvassing, and tabulating of the board;

     (2) The number cast in each voting district for each candidate according to the certificates

of the moderators or wardens and clerks;

     (3) The total number cast for each candidate in each town and city according to the counting

and to the certificates;

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     (4) The total number cast for each candidate in the state or congressional district, as the

case may be, according to the counting and the certificates;

     (5) A statement of which candidates are elected; and

     (6) Any other pertinent facts that the board deems proper.

     (c) The board shall also keep a book of record of the votes cast for and against any

proposition of amendment of the Constitution and a book of record of the votes cast for and against

all questions submitted to the electors of the state, with like detail as provided in this section in

relation to votes cast for officers.

     (d) Notwithstanding the above, the state board shall report publish on its website images

of all write-in votes cast for each particular office, regardless of candidate eligibility and regardless

of whether it may affect the outcome, and shall report all write-in votes adjudicated by the local

board in accordance with § 17-19-31, received by persons, not otherwise qualifying to appear on

the ballot and receiving less than five (5) votes in a race, as a composite total of all write-in votes

cast for said office and shall also publish the overall total number of write-in votes cast for and with

each particular office.

     SECTION 3. 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 -- CONDUCT OF ELECTION AND VOTING EQUIPMENT,

AND SUPPLIES

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     This act would require all write-in votes, regardless of qualification, to be reported and

published by the state board of elections, on its website. It would also require the local board of

canvassers to adjudicate write-in votes in any contest, where the total number of write-in votes cast

may affect the outcome.

     This act would take effect upon passage.

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