It is enacted by the General Assembly as follows:

SECTION 1. The title of Chapter 17-19 of the general laws entitled "Conduct of Elections, and Voting Machines, and Supplies" is hereby amended to read as follows:

SECTION 2. Chapter 17-19 of the general laws entitled "Conduct of Election, and Voting Machines, and Supplies" is hereby amended by adding thereto the following sections:

{ADD 17-19-2.1. New voting technology--Declaration of purpose.--

WHEREAS, Mechanical lever voting machines have been in use in the state of Rhode Island for more than fifty (50) years; and

WHEREAS, Voting machine technology has now advanced to the point where votes can be cast and reliably recorded on optical scan precinct count voting systems; and

WHEREAS, Such optical scan precinct count voting systems are now in use in various states and have resulted in returning accurate and reliable voting results within a shorter period of time than is possible through the use of mechanical lever machines; and

WHEREAS, The General Assembly finds that it is in the public interest to convert from mechanical lever voting machines to an optical scan precinct count voting system;

Therefore, the general assembly determines that an optical scan precinct count voting system as described in section 17-19-3 shall be employed in elections held in the State of Rhode Island beginning in 1997.

The Department of Administration shall be responsible for the procurement of an optical scan precinct count voting system and for the procurement of a full service contract as set forth in section 17-19-3. The specifics in the request for proposal shall be drafted by the Department of Administration in consultation with the office of the secretary of state and the state board of elections. The term of each contract shall be determined by the Department of Administration. The system so procured shall be revenue neutral in that, over the life of the contract, it may not cause the state to incur more expense than would be expended under the mechanical lever system during a similar period. The Department of Administration shall seek bids from vendors for the options of purchasing, leasing to own and renting an optical scan precinct count voting system meeting the requirements set forth in section 17-19-3, and for the full services of the said vendor as set forth in section 17-19-3. ADD}

{ADD 17-19-37.1. Recount procedure. -- A candidate requesting a recount of the votes cast in his or her race shall be entitled to request a recount as follows: (1) any candidate challenging the results of his or her race shall petition the state board to conduct a recount of votes cast by re-reading the programmed memory device or devices and comparing the results and totals obtained at such recount with the results and totals obtained on election night. Any discrepancy in said results shall entitle a candidate in said race to a recount as provided in subsection (2), provided that a candidate shall trail the winning candidate by less than five percent (5%).

(2) When the recount conducted above results in a discrepancy between the results certified on election night and the results produced as a result of the recount and a candidate shall trail the winning candidate by less than five percent (5%), the candidate shall be allowed to request a recount of votes by re-feeding the computer ballots cast in said race into the optical scan voting equipment which has been prepared with a new programmed cartridge.

(3) If the above recounts produce a change in the results of a race which cause a candidate to trail the winning candidate by less than three percent (3%), the candidate shall be allowed to request a recount of votes through a manual count of the ballots cast in a given race.

The state board shall have the authority to adopt regulations to implement and administer the provisions of this section. ADD}

SECTION 3. Section 17-3-4 of the General Laws in Chapter 17-3 entitled "General Assembly Members" is hereby amended to read as follows:

17-3-4. Candidates and ballot labels at adjourned elections. -- At the adjourned elections provided for in section 17-3-3, the official ballot label shall contain the names of the candidates for the offices for which there was no choice at the first election, and shall be printed and supplied by the secretary of state; provided, that in case any candidate has died, the senatorial district or representative district committee, as the case may be, of the party to which the candidate belonged may substitute the name of some other person as a candidate and that name shall be printed upon the official ballot label, if the substitution is made in time to allow it to be so printed.

SECTION 4. Sections 17-5-1.1, 17-5-3, 17-5-4, and 17-5-6 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 the general elections held in November 1982 and 1984 or at any election not a general election pursuant to section 17-1-2(b) shall be voted upon at town, ward, and district meetings, in accordance with the following procedure:

(a) 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 such manner as would clearly apprise the voters of the question to be voted upon and to cause the ballot to contain a concise caption thereof, 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. 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 so submitted to all the electors of the state and appearing upon the ballot shall be numbered consecutively; provided however, that local questions shall be printed on a distinctive colored background.

(b) 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:

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

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

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

(c) Voting on a proposition of amendment of the Constitution or of a public question of statewide impact shall be by means of

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 being the subject matter of the question; and

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

(b) Attached to each document referred to in subsection (a) of this section will be a computer card designed to constitute a ballot for the casting of an affirmative or a negative vote for each public question to be submitted to the general election. The secretary of state shall promulgate such rules and regulations as the secretary deems necessary concerning the design of the computer ballot and the information required to be contained thereon.

(c) 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 chapter 17-5-3(a) 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 or other obligation.

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

17-5-4. Manner of voting. -- (a) Voting on all public questions submitted at the general election shall be by use of the computer ballot described in section 17-5-3(b). No question shall appear on the ballot contained in the voting machines for the election of state and local officers. {ADD optical scan voting equipment and computer ballots authorized pursuant to this title. ADD}

(b) Every voting district shall be provided with an appropriate receptacle for the receipt of the computer ballots. Any elector desiring to cast an affirmative or negative vote on any public question shall mark his or her ballot accordingly and shall deposit the ballot in the receptacle provided.

(c) Extra blank computer ballots for the use of electors shall be provided at the voting districts.

17-5-6. Count of votes -- Declaration of results. -- The {ADD Through the use of optical scan voting equipment authorized pursuant to this title, the ADD} state board shall count and tabulate all votes cast and shall declare the result thereof in the manner provided by law, and this declaration shall be a sufficient notice to all officers, and all other persons interested, of the adoption or the rejection of any amendment of the Constitution or of the manner in which any question submitted to the electors of the state has been decided.

SECTION 5. Section 17-6-3 of the General Laws in Chapter 17-6 entitled "Secretary of State" is hereby amended to read as follows:

17-6-3. Ballots and ballot labels. -- {ADD Computer Ballots and sample ballots. -- ADD} The secretary of state shall be responsible for the arrangement, preparation, printing, and provision of all {ADD computer ADD} ballots, {ADD to be used in conjunction with the optical scan voting equipment authorized pursuant to this title, ADD} ballot labels for voting machines, and sample ballots to be used at any election. The secretary of state shall deliver to the state board a sufficient quantity of ballot labels and sample ballots to be used by the board in the preparation of voting machines for each election. {ADD The secretary of state shall deliver to the state board a sufficient quantity of sample ballots to be used by the board in the preparation of voting equipment for each election. ADD}

SECTION 6. Section 17-7-5 of the General Laws in Chapter 17-7 entitled "State Board of Election" is hereby amended to read as follows:

17-7-5. Powers and duties -- Quorum. -- (a) The state board shall have such functions, powers, and duties as are prescribed by this title or otherwise pursuant to law. In the exercise thereof, but without limitation thereto, the board shall:

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

(2) Furnish all binders, forms, cabinets, and other supplies required for the operation of the system of permanent registration of voters throughout the state, as provided by this title;

(3) Require the correction of voting lists by any local board, whenever the state board shall have information or cause to believe that any error exists therein and shall forthwith notify the secretary of state thereof;

(4) Have custody of all voting machines; maintain, prepare, adjust to ballot, and allocate for delivery voting machines for all elections in which they are required; seal the machines; and provide mechanical service and supervision of mechanical operation on election day. {ADD Have responsibility for supervising the vendor to the extent that services under the jurisdiction of the state board are performed by the vendor as prescribed by section 17-19-3. ADD}

(5) Prepare, package, and deliver election supplies to the various cities and towns for each voting district {ADD except for supplies listed in this title for delivery by the office of the secretary of state ADD} ;

(6) Appoint, qualify, instruct, and assign all state inspectors of elections, and instruct and qualify in conjunction with the local boards, all other election officials who serve in the voting districts, by conducting schools of instruction in the various counties; All programs of instruction shall be formulated by the board of elections and shall include familiarization with the election laws, duties of various elections officials together with the exercise of sample situations which may be encountered in the process of voting, geographical boundaries of the voting district to which the official may be assigned, offices and questions which may be on the ballot, and such other information as the board of elections may deem appropriate.

The availability of these schools of instruction for persons interested in serving as election officials shall be publicized and persons interested in the instruction shall make application for attendance at these schools, all pursuant to procedures, rules, and regulations adopted by the board of elections.

{ADD Appoint, qualify and assign all state inspectors of elections. The state board of elections shall formulate programs of instruction and shall determine the method and manner of instruction which shall be provided to the local boards and to the vendor providing training pursuant to any agreement between the state and the vendor for the training of election officials. The programs of instruction shall include familiarization with the election laws and duties of various election officials together with the exercise of sample situations which may be encountered in the process of voting, geographical boundaries of the voting district to which the official may be assigned, offices and questions which may be on the ballot, and such other information as the board of elections may deem appropriate. The availability of these programs of instruction for local boards shall be pursuant to the procedures, rules and regulations adopted by the board of elections. ADD}

The board of elections shall also formulate and provide an informational pamphlet containing detailed instructions regarding the duties of elections officials and the operation of polling places. All informational pamphlets shall be distributed to the local boards who shall, in turn, see to their distribution to all election officials prior to any election;

(7) Canvass and tabulate all votes cast at each state election; and count, canvass, and tabulate the votes cast by mail voters as provided in this title;

(8) Select dates for off-year and special election primaries except the dates for such primaries for local elections as are required to be fixed by the local board pursuant to chapter 15 of this title;

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

(10) Furnish the secretary of state with a certified statement of the number of votes cast in each voting district for all state and national candidates, the votes cast for and against all state questions which appeared on the ballot, and a certificate of election for each national candidate who is elected in this state, and furnish the governor with a certified list of the general officers elected at each general election;

(11) Hold hearings relating to recounts or other protests of the results or conduct of an election;

(12) Maintain such books and records of the votes cast, and publish such statements and reports thereof, as it may deem to be in the public interest;

(13) Appoint a sufficient number of registrars representing both political parties, as well as those with no party affiliation, and provide sufficient training to the registrars to enable them to carry out the duties assigned to them by the board. The registrars duly appointed by the board shall have power to accept registrations of voters from any city and town and shall forthwith after registering a voter forward the original and duplicate registration card to the appropriate board of canvassers. It shall be the duty of the registrars to arrange for the registration of voters residing at state institutions, except at institutions of higher education, and at nursing and convalescent homes prior to any state-wide primary or election. The Board of Elections is required to conduct training sessions for registrars in the several cities and towns throughout the state when requested to do so by various civic, non-profit, or political party organizations but only when suitable quarters will be provided by such organization for the conduct of such training sessions and only when at least ten (10) applicants for appointment as registrars, whose names have been previously presented to the board are represented by such organization, will be present at the training session. Any applicant for appointment as a registrar whose name has been presented to the board by any civic, nonprofit, or political party organization as being an attendee of such training session but who fails to attend, may be denied appointment as a registrar by the board. {ADD Arrange and make provisions for the registration of voters pursuant to the National Voter Registration Act (NVRA) of 1993. The state board shall formulate programs to assist those persons or organizations desiring to register voters and shall provide, pursuant to procedures, rules and regulations it shall adopt, voter registrations services which may include: training sessions, registration materials, manuals and other services for the purpose of registering to vote eligible Rhode Island citizens. ADD}

(14) Annually conduct a voter registration drive at each institution of higher education at the level of junior college or above in the state.

(b) The state board shall also have all of the powers and duties formerly conferred or imposed by existing law upon the division of elections and the election board, and whenever in any other general law, public law, act, or resolution of the general assembly, or any document, record, or proceeding authorized by the general assembly, the phrase "division of elections" or "election board" or any other word or words used in reference to or descriptive of the division, board, or any member or employee thereof, or to their respective activities or appointees, or any of them, the word, phrase, or reference shall, unless the context otherwise requires, be deemed to refer to and describe the state board, its members, appointees, and activities, as the context may require.

(c) The state board shall have power to make such rules, regulations, and directives as it deems necessary to carry out the objects and purposes of this title not inconsistent with law.

(d) The state board shall also have jurisdiction over all election matters on appeal from any local board and over such other matters pertinent and necessary to the proper supervision of the election laws.

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

SECTION 7. Section 17-12-13 of the General Laws in Chapter 17-12 entitled "Party Committees and Conventions" is hereby amended to read as follows:

17-12-13. State conventions. -- There shall be held not later than October 14 of every even year a state convention for each political party. The nominees of a party for senator and for representatives in congress, for the five (5) general offices, and for membership in the general assembly shall be delegates to the state convention of that party. In presidential election years, these conventions shall select the party nominees for presidential electors and their names shall be placed on the ballot labels for the forthcoming election. The state convention shall be for the purpose of adopting a platform for its party and for the transaction of such other business as may properly come before the convention.

SECTION 8. Sections 17-12.1-8 and 17-12.1-11 of the General Laws in Chapter 17-12.1 entitled "Primaries for Election of Delegates to National Conventions and for Presidential Preference" are hereby amended to read as follows:

17-12.1-8. Presidential preference primary. -- (a) On the same date and at the same time as the election of delegates to national conventions, as provided in section 17-12.1-1, there shall be held a presidential preference primary for each political party at which each party voter shall have the opportunity to vote his or her preference for his or her choice for one person to be the candidate of his or her party for president of the United States.

(b) The secretary of state shall place on the ballot labels the names of all persons known to the secretary to be bona fide national candidates for presidential nominee who have been duly notified and who have not filed with the secretary of state the affidavit as provided in section 17-12.1-4, and shall list under the name of each candidate for presidential nominee arranged by lot, the names of all candidates for delegates to a national convention who submitted the approval of the candidate for presidential nominee, as set forth in section 17-12.1-7. All other candidates for delegates to a national convention shall be listed on the ballot, arranged by lot, as uncommitted.

17-12.1-11. Form of ballot. -- (a) The order on the ballot of the presidential nominees and delegates and the uncommitted delegates shall be chosen by lot under the direction of the secretary of state.

(b) Individuals committed to a particular presidential candidate or uncommitted shall appear in such a manner so that the candidates for delegates shall be readily identified with the presidential candidate to whom they are committed or shall appear in a manner that clearly shows they are uncommitted.

(c) No person shall appear on the ballot as a candidate for delegate more than once.

(d) There shall be nothing on the ballot to indicate or suggest any political party endorsement.

(e) The secretary of state shall prepare and arrange the ballot labels for use in the primaries herein provided which shall include as to the candidates for delegates the person to whom the candidates are committed and such other information and instruction as the secretary of state shall deem necessary.

SECTION 9. Sections 17-14-3 and 17-14-17 of the General Laws in Chapter 17-14 entitled "Nomination of Party and Independent Candidates" are hereby amended to read follows:

17-14-3. Candidates for one or more offices. -- Nothing contained in sections 17-14-1 and 17-14-2 shall be construed to prevent a voter otherwise qualified from being a candidate in the primary of that voter's party for one or more offices either "state" or "local" or both, provided that voter's name shall be printed on the official ballots or ballot labels .

17-14-17. Replacement of deceased endorsed candidate. -- When an endorsed nominee as a candidate to be voted upon at any primary has deceased prior to the holding of the primary, the committee having the original authority to endorse the candidate shall substitute as the endorsed nominee for candidate to be voted upon at the primary any person qualified to vote at the primary in the place and stead of the deceased nominee, provided, however, that forthwith upon receipt of actual knowledge of the death of the endorsed nominee by the committee having the original authority to endorse the candidate, the committee shall make the substitution herein mentioned; and provided further, that the chairman of the committee shall, forthwith upon the substitution, notify the secretary of state in writing of the death of the endorsed nominee and of the substitution of a nominee as provided herein ; and provided further, that any substituted nominee shall have been eligible for nomination on the dates as required by and pursuant to the requirements of sections 17-14-1, 17-14-1.1, 17-14-2, and 17-14-2.1. Upon receipt of the notice, the secretary of state shall thereupon substitute on the ballots or ballot labels, as the case may be, the name of the endorsed nominee who replaces the deceased endorsed nominee as provided herein, provided however, that the written notice is received by the secretary of state at least fourteen (14) days prior to the date of the primary.

SECTION 10. Sections 17-15-8, 17-15-9, 17-15-11, 17-15-12, 17-15-18, 17-15-20, 17-15-21, 17-15-30, 17-15-34, 17-15-35, and 17-15-38 of the General Laws in Chapter 17-15 entitled "Primary Elections" are hereby amended to read as follows:

17-15-8. Listing of candidates on ballots and ballot labels. -- {ADD sting of candidates on ballots. -- ADD} The secretary of state shall forthwith upon receipt of the certificates provided for by chapter 14 of this title cause the proper ballots or ballot labels to be prepared for use in the various voting districts. Names and addresses of party candidates for a particular office shall be printed horizontally opposite and to the right of {ADD vertically below ADD} the names of the office they seek and shall not appear on the ballot more than once for the same office; provided, however, the names and addresses of candidates having the endorsement of their party committees shall be printed in the first column at the right of {ADD below ADD} the title of the offices they seek and shall be marked with an asterisk (*) . As to each candidate, following the endorsed party candidate, for a national office, a general office within the state, or for a general assembly office, the names shall be listed in an order chosen by lot under the direction of the secretary of state. As to each candidate, following the endorsed party candidate, for a city, town or other local election, the names shall be listed alphabetically after the name of the endorsed party candidate. In the event that there be more candidates for a particular office than the voting machine can accommodate in the horizontal {ADD vertical ADD} column, the names and addresses shall be continued in the same manner succeeding the last name at the extreme right of the column to the next horizontal column beneath the column {ADD in the next succeeding vertical column ADD} . Names and addresses of candidates shall be printed upon the ballots and ballot labels as such names appear on the voting list, notwithstanding that the candidate may have signed his or her declaration of candidacy other than as such candidate's name appears on the voting list.

17-15-9. Slate voting. -- In a primary election no device {ADD ballot ADD} shall be provided whereby a voter may by one operation {ADD mark ADD} vote for a slate of candidates.

17-15-11. Dispensation with primary when no contest. -- Whenever there is no contest whatsoever within any voting district for the officers to be nominated or elected by a particular political party for any election, no primary election shall be held in the voting district and the secretary of state for state offices or the local boards for local offices shall declare those persons elected in the case of party committee members or delegates or nominated as candidates of a particular party for the office and their names shall not be printed on the primary ballot labels but shall be printed on the ballot labels for the election for which the nominations are made; provided, however, that the party committee members' names and the names of the delegates to the state convention of the respective party shall not be put on the election ballot.

17-15-12. Ballot when contest exists. -- Whenever there is a contest within any voting district, a primary election shall be held in the voting district and the names of all candidates for state office and the names of only those candidates for local office who are contesting a particular local office or offices shall appear on the ballot{ADD s ADD} labels .

17-15-18. Apportionment of voting machines. -- {ADD Apportionment of voting booths and optical scan precinct count units. -- ADD} The apportionment of voting machines {ADD booths ADD} for the primary election of each political party shall, as far as possible, be on the same basis as for general elections except that the determination shall be made with reference to the average number of votes received by the candidates of each party at the preceding general election.

{ADD Unless otherwise prescribed by the board of elections, one (1) optical scan precinct count unit shall be programmed and provided for each voting district. In no event shall there be less than one (1) optical scan precinct count unit for each voting district. ADD}

17-15-20. Primaries conducted in same manner as general elections. -- Except as otherwise provided in this chapter, primary elections shall be conducted as nearly as may be in the manner provided in chapter 19 of this title for the conducting of general elections; except that the voting in each party shall be cast on separate voting machines {ADD computer ballots ADD} .

17-15-21. Identification of party voters. -- Before permitting any person to vote in a primary election, the warden or clerk and bipartisan pair of supervisors assigned by the warden shall ascertain from the voting record appearing on the certified voting list that the voter is not disqualified to vote therein by the provisions of section 17-15-24. The ballot applications used by the party voters of each party shall be of a distinctive color{ADD . ADD} and the front of the voting machine booths allocated to each party shall be marked with the same color. {ADD The clerk shall provide the voter with the corresponding computer ballot for the primary election in which voter is eligible and desiring to vote. ADD} The warden shall take such steps as may be necessary to assure that each voter is directed to a voting machine {ADD given the computer ballot ADD} upon which the voter is eligible to vote.

17-15-30. Tabulation of local returns -- Certificate of nomination or election. -- The local board shall meet on the day following the primary election and shall tabulate the city or town primary returns, as the case may be, and announce the results, but shall issue no certificates of nomination, or election to party office, until the expiration of the period in which a recount may be requested as provided in section 17-15-34 and if a request has been filed, the result shall be finally determined by the local board. Following the expiration of this period and the final determination by the local board, if any request for recount be made, the local board shall issue certificates of nomination, or election to party offices, to the candidates so nominated or elected.

{ADD When a local election is held in conjunction with a statewide election, the state board shall tabulate local mail ballots and forward said results forthwith to the appropriate local board; when a local election is not held in conjunction with a statewide election, the local board shall tabulate their local mail ballots. ADD}

17-15-34. Recount petition or other protest. -- Any candidate whose name was on the primary ballot label on a particular voting machine may file with the state board a request for the recounting of the votes upon the machine {ADD cast ADD} , or other protest concerning the primary and any candidate whose name was on the primary paper ballot (in case voting machines were not used) may file with the board a request for the recounting of the votes of his or her party cast at a particular voting place or places, or other protest concerning the primary, provided in either case he or she files the request or protest no later than four o'clock (4:00) p.m. on the day following the primary. The request or protest shall contain the candidate's reason for making the request or protest. Nothing herein shall be construed to prevent the state board, acting on its own motion, from ordering a recount or taking appropriate action in response to any error, irregularity, or impropriety in the conduct of any facet of the primary which comes to its attention at any time prior to the certification of the results of the primary.

17-15-35. Hearing on recount or protest -- Certificate of nomination or election. -- {ADD Hearing on recount or protest -- Notice -- Declaration of nomination or election. -- ADD} Forthwith upon the filing the state board shall cause notice in writing to be served in such manner as it shall direct, at the expense of the petitioner, upon all other candidates of the same political party for the same office receiving votes at the primary and shall give notice in some public newspaper of general circulation in the voting district or districts where the primary took place, of the making of the request or protest and the time and place of hearing, which time shall be not less than one nor more than three (3) weekdays after the publication of the notice. At the hearing all candidates who may be affected by a recount may be heard in person or by their representative. The hearing and the examination of such voting machines {ADD equipment ADD} or the recounting of such ballots, as the case may be, as may be necessary shall be conducted in a summary and expeditious manner, but the result of the voting as transmitted to {ADD determined by ADD} the state board shall not be altered or changed by the board except upon satisfactory proof of its incorrectness. Following the hearing the state board shall declare what person, if any, was lawfully nominated or elected, and shall issue or direct the local board to issue to that person a certificate of the nomination or election.

{ADD Recounts shall be conducted in the manner set forth in chapter 19 of this title. ADD}

17-15-38. Vacancies among nominees. -- Whenever the nominee of a party for a particular office dies after the primary or removes him or herself from the jurisdiction of or as a candidate for the office for which the nominee seeks election or becomes physically or mentally disabled, the state committee of that party or a duly authorized subcommittee thereof in the case of state officers and the appropriate city, town, ward, or district committee or any duly authorized subcommittee thereof in the case of candidates for the other offices covered by section 17-15-7, may file with the appropriate authority the name of its nominee for the office; provided, however, that except in the case of death, the appropriate committee shall file the name with the appropriate authority no later than four o'clock (4:00) p.m. of the third day following the last day for the holding of the party primaries; and provided further, that any appointed nominee shall have been eligible for the nomination on the dates as required by and pursuant to the requirements of sections 17-14-1.1, 17-14-2 and 17-14-2.1 of the general laws. The person so named shall be the nominee of the party for the office, and if in case of death of a nominee time will permit the secretary of state shall place the name of the nominee upon the election ballot labels . When the withdrawal or death occurs after the third day after the last day for holding primaries, the secretary of state shall not be required to remove from any {ADD computer ballot or ADD} mail ballot which has already been printed the name of any person who is no longer the nominee of a party for a particular office as provided above, and any votes cast in any election for any such person shall not be counted.

SECTION 11. Section 17-18-14 of the General Laws in Chapter 17-18 entitled "Elective Meetings" is hereby amended to read as follows:

17-18-14. Application to voting machine elections. -- {ADD Application to elections conducted on optical scan precinct count voting system. -- ADD} The provisions of this chapter shall govern elective meetings held in accordance with the provisions of chapter 19 of this title, if and so far as they are applicable and not inconsistent with the provisions of chapter 19.

SECTION 12. Sections 17-19-1, 17-19-2, 17-19-3, 17-19-4, 17-19-5, 17-19-6, 17-19-7, 17-19-7.1, 17-19-7.2, 17-19-8, 17-19-9, 17-19-9.1, 17-19-10, 17-19-11, 17-19-12, 17-19-13, 17-19-14, 17-19-15, 17-19-17, 17-19-18, 17-19-19, 17-19-20, 17-19-21, 17-19-23, 17-19-24, 17-19-26, 17-19-26.1, 17-19-31, 17-19-32, 17-19-33, 17-19-34, 17-19-35, 17-19-36, 17-19-37, 17-19-38, 17-19-39, 17-19-42, 17-19-44, 17-19-45, 17-19-46, 17-19-47, 17-19-51 and 17-19-52 of the General Laws in Chapter 17-19 entitled "Conduct of election, And Voting Machines, and Supplies" are hereby amended to read as follows:

17-19-1. Definitions. -- As used in this chapter, except as otherwise required by the context:

(a) "Warden" shall include moderator; and vice versa;

(b) "Machine" shall mean any voting machine of a type or make approved by the state board; {ADD "Voting equipment" shall mean an optical scan precinct count voting system, related memory device, all related hardware and software, and voting booths; ADD}

(c) "Device" shall mean the lever, knob, button,or other mechanical contrivance connected with the face of a voting machine, by which the voter shall register his or her vote; {ADD "Computer Ballot" shall mean the paper ballot prepared by the office of the secretary of state for use in conjunction with the optical scan precinct count system; ADD}

(d) "Face" shall mean that portion of the voting machine facing the voter as he or she enters to vote, upon which are arranged and displayed the devices by which he or she is to register his vote;

(e) "Counter" shall mean the numbered wheels, dials, or other mechanism of a voting machine whereby the votes for each candidate and upon each question are indicated, recorded, and counted; and the term "protective counter" shall mean a separate counter which cannot be reset, and which records the total number of movements of the operating lever.

17-19-2. Voting machines. -- {ADD Voting equipment. -- ADD} Subject to the provisions of this chapter, voting machines {ADD equipment ADD} which shall have been approved {ADD procured ADD} by the state board {ADD department of administration according to the provisions of this chapter ADD} shall be used in all state, city, or town elections including elections at which amendments to the Constitution of the state shall be submitted to the electors for approval , {ADD . ADD} provided that paper ballots may be used whenever, due to any unforeseen contingency, there is human impossibility of using voting machines, and the determination by the majority vote of all of the members of the state board that the contingency does or does not exist shall be final and conclusive. 17-19-3. Voting machines -- Specifications. --

{ADD 17-19-3. Voting equipment and services -- Specifications. -- ADD} (I) The state board {ADD office of secretary of state and the state board of elections ADD} may {ADD shall submit specifications to the department of administration, which the department of administration shall consult in developing a request for proposal, as set forth in section 17-19-2.1. Such specifications must be submitted to the department of administration within thirty (30) days of the passage of this bill. Such specifications and the request for proposal for the options of purchasing, leasing to own or renting an optical scan precinct count voting system and for a full service contract for an optical scan precinct count voting system ADD} approve any type or make of voting machine provided that it shall not approve any machine unless it {ADD shall propose an optical scan precinct count system that ADD} shall be so constructed and shall operate in such manner as to meet the following {ADD minimum ADD} requirements:

(a) It shall enable the voter to:

(1) Vote {ADD Mark his or her ballot and cast his or her vote ADD} in secrecy;

(2) Vote for all candidates of political parties or organizations, and for or against questions as submitted;

(3) Vote for all the candidates of one party or in part for the candidates of one or more other parties;

(4) Vote for as many persons for an office as the voter is lawfully entitled to vote for, but no more;

(5) Vote on any question the voter may have the right to vote on;

(b) It shall prevent the voter from voting for the same person more than once for the same office;

(c) The machine shall correctly register or record, and accurately count, all votes cast for any and all persons, and for or against any and all questions and shall be provided with:

(5) A screen, hood, or curtain which shall be made and adjusted as to conceal the voter and the voter's action while voting; it must have a face to which each device can be affixed and accurately labeled so as to show clearly and distinctly the office, the name and address of the candidate, and the party which the device represents; and in the case of each party device, so that the device can show the party emblem. The face shall be of such size, and so constructed, as to permit of the arrangement thereon of each device and its label, in horizontal rows, or vertical columns, each party to have one row or column, as the board of elections may designate;

(d) {ADD (c) ADD} The machine may also be provided with one device for each party, {ADD voting equipment shall allow the voter to cast one (1) vote ADD} for voting {ADD thereby allowing the voter to vote ADD} for all the presidential electors of that {ADD a ADD} party by one operation {ADD making one (1) mark on the ballot ADD} , and a ballot therefor containing only the words "presidential electors for" preceded by the name of that party and followed by the names of the candidates thereof for the offices of president and vice-president, and a registering device therefor which shall register the vote cast for those electors when thus voted collectively ; provided, however, that means shall be furnished whereby the voter can cast a vote in part for the candidates for presidential electors of one party, and in part for those of one or more other parties or in part or in whole for persons not nominated by any party;

(e) It shall correctly register, by means of mechanical counters, the number of voters by whom it is used, and every vote cast for each candidate and upon each question, and it shall be capable of being so closed during the time the polls are open that no person can see or know the number of votes registered for any candidate, person, or question. The counters shall be so attached to the machine that by means of labels or numbers they can be clearly identified with the devices on the face by which they are operated;

(f) The machine shall also be provided with: (1) a lock or locks by means of which the operation of the devices and the movement of the voting, counting, and registering mechanism may be absolutely prevented and prohibited, whenever the prevention and prohibition is required by law; (2) a latch so placed on the outside of the machine that it cannot be operated unless the operator is standing on the outside of the machine. The latch shall be so constructed that the voter can push it in just before he enters the machine and that the operation will allow the voter to vote but once and when the voter has voted, the latch will snap back and lock the machine against voting until the next voter pushes the latch in.

{ADD (d) the optical scan precinct counting system shall meet the following specifications:

(1) Vote counting including absentee ballots shall be performed through the use of automated electronic equipment.

(2) All vote counting shall be performed on equipment supplied as part of the bid. The system shall not require the use of nonsupplied equipment to count ballots or tabulate results.

(3) There shall be privacy enclosures in which a voter may mark his or her ballot or otherwise cast his or her vote in secret.

(4) There shall be a device located in each polling place which can record the vote count and tally the vote count in that polling place and which can produce a printed tally of all races contained on said ballot in human readable form. The device shall automatically print a "zero report" at the beginning of the day when the device is activated. The device which receives ballots for counting shall have an external counter indicating the number of ballots received. The actual vote tally shall be capable of being performed only by election officials and shall not be visible during the actual voting process. Each recording device shall rest on a ballot box which must have compartments with doors that lock for security of voted ballots and ease of access.

(5) As part of the voting process there shall be created a physical ballot showing the votes cast by an individual voter which is capable of being hand counted so that electronic recorded device totals can be checked for accuracy. The device must be able to accept a one, two or three column ballot which can be printed on one or both sides.

(6) There shall be a device at each polling place to receive the physical audit trail of ballots cast and which shall securely store the ballots and have the capability of restricting access to the ballots only to authorized officials.

(7) In the event of loss of electrical power, the polling place vote count shall be stored on an ongoing basis in media which will retain the count of the votes cast to that point in time for a period of no less than five (5) years.

(8) The polling place vote counts shall be stored on a stable media which may be easily transported and which may be accessed and counted by an electronic device so that state, city and/or town vote totals can be electronically calculated by combining individual polling place totals. It shall not be necessary to enter individual polling place totals by and into a central computer or device for the purpose of producing the state, city and/or town totals, but rather the electronic media on which the polling place totals are stored shall be directly readable and accessible by a regional or central device.

(9) There shall be a device which has the capability to electronically read the storage device upon which the individual polling place totals are stored and which shall produce a combined total for all races which total can be printed in easily readable and legible form in a format prescribed by the state board of elections.

(10) The system provided shall allow the secretary of state to have the capability to design the ballot format.

(11) The system shall provide a capability for the state, without the use of outside services, to setup and prepare the counting devices to total an election.

(12) The system must be capable of receiving voted ballots without counting when without power, and must provide for securely storing uncounted ballots.

(e) The following minimum equipment shall be required for the state:

(1) There shall be six hundred (600) units to permit counting to be conducted in each polling place within the state with a reserve of equipment on hand;

(2) There shall be sufficient voting booths to allow one voting booth for approximately every one hundred seventy five (175) voters as determined in this title;

(3) The number of polling place units and voting booths must be sufficient to permit the election to run smoothly without excessive waiting of voters;

(4) If there shall be an increase in the number of polling places statewide during the term of the contract, the vendor will supply additional polling place units and voting booths at a cost proportional to the cost of the initial units pro rated for the balance of the agreement years;

(5) There shall be high speed absentee vote tabulating equipment. Such tabulators as a whole must be capable of

This system shall have the following capabilities in connection with the counting of ballots and producing results:

(a) This system shall be able to read the media from the polling place units on which polling place results are stored and shall be able to compile polling place results producing a ballot total for each race.

(b) This system shall be capable of producing and printing out ballot totals on a polling place by polling place basis for each race, and shall be capable of producing a final total and subtotals of all races from all races and polling places in the state. All totals must be able to be produced at any time based upon the number of polling places counted up to that point in time, and such printout results shall state the number of precincts counted and the percentage of precincts reporting.

(6) There shall be all equipment necessary to program the system and erase the memory devices.

(7) Regional tabulating equipment shall be located in each of the 39 local boards of canvassers and the central tabulation equipment shall be located at the state board of elections. The state board of elections, 30 days prior to an election, shall determine which regional and/or central tabulation sites are to be utilized for said election. The tabulation system shall have the following capabilities in connection with the counting of ballots and producing results. This system shall be able to read the media from the polling place units on which polling place results are stored and shall be able to compile polling place results producing a ballot total for each race. This system shall be capable of producing and printing out ballot totals on a polling place by polling place basis for each race and shall be capable of producing a final total and subtotals of all races from all races and polling places in the state. All totals must be able to be produced at any time based upon the number of polling places counted up to that point in time, and such printout results shall state the number of precinct counted and the percentage or precincts reporting. This system shall be capable of transferring information gathered at each regional site to the central site and shall also be capable of transferring information gathered at the central site to a specific regional site.

(f) There shall be provided all necessary programming and accumulation software to run the election system in accordance with the required specifications as well as all necessary and required modules. Any software updates during the term of the agreement shall not be charged to the state.

(g) The vendor of the optical scan precinct count system shall provide written proof of compliance with Federal Election Commission standards from an independent testing company and said written proof must be on file with the office of the secretary of state and the state board of elections.

(h) The vendor shall also provide the following information to be included in the vendor's bid proposal:

(1) an audited financial statement covering the previous five (5) years and if the vendor is not the manufacturer of the equipment, both the agent and manufacturer must submit an audited financial statement covering the previous five (5) years with the bid.

In the event that either the vendor, agent or manufacturer has been in existence for less than five (5) years then that entity must submit an audited financial statement for each and every full year that they have been in existence:

(2) proof of experience in the field of elections including but not limited to years of experience in this field, and experience with a jurisdiction having the same needs as the state of Rhode Island; and

(3) names and addresses of the support organizations that will provide support of all equipment.

(II) The full service plan shall include the following services but at the discretion of the department of administration shall not be limited to the following services;

(a) computer coding and layout of all ballots to be used in each election under contract in conjunction with the office of the secretary of state, which shall include the printing of the ballot and the preparation of the device to ensure that the ballots are compatible with the device. Subsequent thereto, the state board of elections shall be responsible for the following:

(b) testing of each unit for logic and accuracy;

(c) testing of each programmed memory cartridge;

(d) set up of each optical scan precinct count unit at each polling place;

(e) maintenance of all optical precinct count units;

(f) training of poll workers;

(g) on-site election night staff at the central tabulation location and any other locations as may be determined by the state board to receive and transmit election results;

(h) on-site election day field technicians to respond to repair calls;

(i) providing the following equipment and supplies

(1) secrecy covers for voted ballots

(2) demonstration ballots

(3) precision cut shell program ballots ready for printing with timing marks

(4) marking pens

(5) ballot transfer cases

(6) envelopes for mailing and receiving absentee ballots

(7) printer ribbons, paper tape rolls and seals ADD}

(II) {ADD III ADD} Any machine {ADD bid specifications for an optical scan precinct count system and a full service agreement for an optical scan precinct count system ADD} that does {ADD do ADD} not conform in all respects to the foregoing {ADD minimum ADD} requirements of subsections (I)(a) through (I)(f) {ADD (II)(k)(7) ADD} inclusive shall not be {ADD submitted to the office of the department of administration ADD} approved by the state board. {ADD , provided, however, that the director of administration may waive any one of the requirements with respect to the full service agreement portion of the bid, after consultation with the chairman of the state board of elections and the secretary of state, in order to preserve an otherwise acceptable bid. ADD}

{ADD (IV) Upon expiration of the initial full service agreement as set forth in the provisions of section 17-19-2.1, the state board shall conduct a review of the election system, provide a report to the General Assembly and shall assume responsibility for establishing minimum requirements and specifications for the procurement of voting equipment and services thereafter. ADD}

17-19-4. Voting machines -- State board -- Number to be furnished. -- {ADD 17-19-4. Voting booths and optical scan precinct count units -- Number to be furnished. -- ADD} {ADD (Effective January 1, 1995) ADD} For each voting district and for each town not divided into voting districts {ADD an optical scan precinct count unit shall be prepared and delivered by the state board or their designee. ADD} the state board shall furnish one or more voting machines as the situation and number of voters in that district or town may require. The machines furnished by the state board shall be equipped with ballot labels and adjusted for recording the votes of electors. At each voting place, both in cities and in towns, at least one {ADD voting booth ADD} machine shall be furnished for every five hundred (500) {ADD one hundred seventy five (175) ADD} qualified electors, or fraction thereof, in excess of one hundred (100) whose names are upon the voting list used at the voting place and entitled to use the machines, as certified to the state board {ADD based on the voting list certified as a result of the final canvass ADD} by the local boards on or before the tenth day of September, next preceding an election . In making the calculation required by this section, voters whose names are on the inactive list of voters shall not be included.

17-19-5. Ballot labels -- Secretary of state -- Printing and furnishing. -- {ADD 17-19-5. Printing and furnishing of computer ballots. -- ADD} The ballot labels required for any machine {ADD computer ballots ADD} to be used at any election shall be printed and furnished at the expense of the state by the secretary of state and turned over to the state board.

17-19-6. Ballot labels -- Arrangement. -- {ADD 17-19-6. Ballot -- Arrangement. -- ADD} In all cases where machines {ADD optical scan precinct count units ADD} are to be used for any election, the secretary of state shall prepare a diagram of the face of the machines {ADD computer ballot ADD} to be used at the election and the diagram shall determine the manner and order in which the devices and ballot labels shall be arranged upon the face, which diagram shall, on the day of any election, be in the possession of the warden and available for public inspection. {ADD Said diagram shall be a copy of the actual computer ballot to be voted at the polling place. ADD}

7-19-7. Local candidates and questions -- Certification -- Ballot labels. -- {ADD 17-19-7. Local candidates and questions -- Certification -- Ballots. -- ADD} The local board of each city or town where any machine is to be used shall certify to the secretary of state, not later than four o'clock (4:00) p.m. of the third day following the last day for the holding of the primary held pursuant to the provisions of chapter 15 of this title, preceding any regular city or town election to be held on the Tuesday next after the first Monday in November in any year, or not later than twenty-nine (29) days before any regular city or town election held at any time other than on the Tuesday next after the first Monday in November in any year, or not later than twenty-nine (29) days before any special city or town election, the offices to be voted for thereat, the names and addresses of the candidates for each office and the party name under which the respective candidates were nominated, and any other information necessary to enable the secretary of state to prepare ballot{ADD s ADD} labels uniform in size, type, color, and appearance with those prepared by the secretary for the state election, and in like manner the local board shall certify to the secretary of state a copy of each question to be submitted to the electors of the city or town so that suitable ballot{ADD s ADD} labels may be prepared and furnished therefor.

{ADD 17-19-7.1. Listing of at-large candidates. -- ADD} (a) In case of a vote for members of the council or school committee of any city or town, wherein the office or offices to be filled are to be elected on an at-large basis, and whether the election is a partisan, non-partisan, primary, general, or special election, the names for the office or offices shall be listed on the ballot in such fashion that no more than one name for an office shall be displayed on the same horizontal line; provided, nevertheless that candidates for non-partisan election in the cities of Newport, Pawtucket, and Woonsocket may be listed on the same horizontal line.

(b) In no event shall the voting {ADD equipment ADD} machine be prepared to lock itself so as to prevent further voting for an office or officer until the elector shall have cast as many votes as there are separate offices to be filled.

17-19-7.2. Names and addresses of candidates. -- {ADD 17-19-7.2. Names of candidates. -- ADD} In all elections, the names and addresses of candidates shall be printed on ballots and ballot labels as they appear on the voting list, notwithstanding that the candidate may have signed his or her declaration of candidacy other than as such candidate's name appears on the voting list.

17-19-8. Ballot labels -- Form. -- {ADD 17-19-8. Ballots -- Form. -- ADD} All ballot{ADD s ADD} labels provided under this chapter shall be printed in black ink on clear, white material in plain, clear type, as large as the ballot label frames will permit . Upon the ballot label for questions the statement of the question may be abbreviated to meet the requirements of the space provided, and shall be printed in type that can be easily read, with the words "yes" or "no" or "approved" and "reject," whichever may be required for the voter to indicate the voter's vote for or against any question.

17-19-9. Party emblems. -- In the preparation of all ballot{ADD s ADD} labels , sample ballots, absentee {ADD mail ADD} ballots, and war ballots, to be used at any election other than a primary election, the secretary of state shall cause to be printed at the top of each column containing the names of candidates of a {ADD next to the name of each ADD} "political party", as defined in this title, {ADD listed in the straight party vote section of the computer ballot ADD} over the name of the political party whose candidates appear in the column , the emblem of the political party. The emblem of the democratic party shall be the representation of a star. The emblem of the republican party shall be the representation of an eagle. The emblem of any political organization qualifying as a "political party" as defined in this title shall be selected by the state chairman of the party; provided, however, that the emblem shall be entirely different for each political party, and may be any appropriate symbol; but neither the coat of arms or seal of any state or of the United States, the national or state flag, any religious emblem or symbol, the seal of any society, the portrait or likeness of any person, or the representation of a coin or of the currency of the United States, shall be chosen as an emblem. Whenever any emblem shall have been selected and used upon official ballots and ballot labels for any political party, it shall not thereafter be used for any other political party.

17-19-9.1. Ballot arrangement -- Independent candidates. -- In all state elections at which candidates for public office are to be elected, some of whom are candidates of a political party and some of whom are independent candidates as defined in section 17-1-2(u), all independent candidates for the same public office shall be listed on the ballot, opposite and to the right {ADD in the vertical column below the title ADD} of the office they seek, in a horizontal column or columns {ADD following the listing of the political party candidates for said office ADD} and in order chosen by lottery; provided; however, that any vertical column on the ballot containing the names of independent candidate shall, at the top of such vertical column, be marked with the word "independent". Any independent candidate shall be entitled to have appear on the ballot in small print immediately above {ADD to the right ADD} his or her name, the name of any political principle, movement or organization with which the candidate wishes to be identified. The name of the political principle, movement or organization must be identified on the declaration of candidacy; must contain not more than three (3) words; and must not include, in whole or in part, the name of any political party. If any declaration of candidacy does not contain the name of any political principle, movement or organization, the word "independent" will appear in small print immediately above {ADD to the right ADD} the name of the candidate on the ballot. Except as herein provided, the powers and duties of the secretary of state with respect to the preparation of the ballots shall not be affected.

17-19-10. Sample ballots -- Secretary of state. -- {ADD Sample ballots -- Contents -- Distribution. -- ADD} The secretary of state shall prepare a sample ballot, which may be of a reduced size, in the form of a diagram or facsimile of the face of the machine after the ballot labels and devices have been arranged thereon ready for the use of the voter {ADD shall be a copy of the computer ballot to be used ADD} . The sample ballot shall clearly and briefly explain and illustrate the manner of operating the machine {ADD casting a vote ADD} , of voting a straight party ticket, of voting for candidates individually, and of voting upon questions. The secretary of state shall furnish a reasonable supply of sample ballots to each local board {ADD the state board of elections ADD} , for public distribution upon request; and no fewer than three (3) of the sample ballots shall be furnished for each voting place.

17-19-11. Election return forms -- State board. -- {ADD Election return forms -- Contents. -- ADD} (a) The state board shall prepare and furnish, for each voting place at which machines are to be used, suitable forms whereon may be recorded the following information for each machine in use:

(1) The machine {ADD optical scan precinct count unit ADD} number;

(2) The numbers of any serial seal or seals;

(3) The voting place at which the machine {ADD optical scan precinct count unit ADD} is used;

(4) The date of the election or primary at which the machine {ADD optical scan precinct count unit ADD} is used;

(5) The number of names checked upon the voting list used at the election;

(6) The number of voters registered by the machine {ADD optical scan precinct count unit ADD} ;

(7) The number of votes registered by the machine for each candidate, and for what office;

(8) The number of votes registered by the machine for and against each question submitted.

(b) Space shall be left on the form wherein may be recorded the number of votes given for any person not a candidate at the election, and for what office. Spaces shall also be left for the signatures of the election inspector, the warden, clerk, and at least two (2) supervisors. The state board shall also furnish the necessary envelopes and adhesive labels required to be used in accordance with the provisions of this chapter.

{ADD (c) Tapes printed from the optical scan precinct count unit indicating the number of votes registered by the unit for each candidate, and for what office shall be attached to said form; tapes printed from the optical scan precinct count unit indicating the number of votes registered by the unit for and against each question submitted shall be attached to said form. ADD}

17-19-12. Delivery of election supplies. -- All printed matter, stationery, and supplies required to be furnished by this chapter shall be delivered to {ADD or picked up by ADD} the proper officer {ADD as determined by the state board ADD} not later than three (3) days before the election for which they are to be used{ADD . ADD} {ADD Computer ballots to be used at each polling place, ballot transfer cases, marking pens, secrecy sleeves and any other items related to the voting equipment shall be packaged by the state board and shall be picked up by the local canvassing authority. ADD}

17-19-13. Exhibition of machines for instructional purposes. -- The local board shall designate suitable and adequate times and places where voting machines containing {ADD optical scan voting equipment and ADD} sample ballots showing titles of offices to be filled and, so far as practicable, the names of candidates to be voted for at the next election shall be exhibited for the purpose of giving instructions as to the use of voting machines {ADD manner of casting a vote ADD} to all voters who shall apply. No voting machine {ADD optical scan precinct count unit ADD} which is to be used in an election shall be used for the instruction after it has been prepared and sealed for the election.

17-19-14. Preparation of machines for election -- Inspection -- Sealing. -- {ADD 17-19-14. Preparation of voting equipment for election -- Testing. -- ADD} Prior to any election at which machines {ADD optical scan precinct count units ADD} are to be used{ADD , ADD} the state board or some person designated by it shall affix the ballot labels to the devices on the face of each machine and shall see that the devices and ballot labels are arranged on the face {ADD the secretary of state shall prepare the layout and format of the computer ballot in conjunction with the voting equipment vendor under contract with the state. ADD} in accordance with the provisions of this chapter, that devices {ADD The secretary of state shall be responsible for the coding and layout of all computer ballots to be used in each election under contract, including the printing of the ballot and the preparation of the device to ensure that the ballots are compatible with the device, and shall transfer all information relative to the ballot and its preparation to the state board.

Subsequent thereto, the state board in conjunction with the voter equipment vendor under contract with the state shall be responsible for the testing of the programmed memory cartridge, the testing of each unit for logic and accuracy, and the set up of each optical scan precinct unit at each polling place. The state board of elections shall determine, and document on the forms provided for same, the fact that the programmed memory cartridges for the optical scan precinct count units are in good working order, that all of the devices not needed in the election are securely locked, and that the daily counter is at zero and all the candidates' counters are set at zero and record no vote for any candidate.

{ADD The state board of elections in conjunction with the voting equipment vendor under contract with the state shall publicly conduct such tests on each programmed cartridge for each optical scan precinct count unit to be used ADD} The members of the state board shall personally, in company with two (2) competent mechanics, inspect each machine after it is prepared for the election and shall supervise the final sealing including the placing of seals at both ends of the bar that holds the ballot labels in position and the placing of a seal on the apron in the back of the machine which conceals the voting lever mechanism . This inspection and sealing {ADD testing ADD} shall be made as near the time of the election as is feasible.

17-19-15. Party levers. -- In the preparation of the voting machines for use in any election, excluding a primary election, the board shall cause the party devices, commonly referred to as party levers, over each of the columns containing candidates of "political parties", as defined in this title, to be adjusted so as to permit any voter to vote for all candidates of one of the respective parties whose names appear in a column by means of a single operation. All devices over columns which do not contain candidates of "political parties", as defined in this title, shall be locked in such manner as to prevent voting by use of such party devices. {ADD In the preparation of the voting equipment for use in any election, excluding a primary election, the board of elections shall confirm that the voting equipment is programmed so as to permit any voter to vote for all candidates of one of the respective parties by means of a single mark on the computer ballot. The voting equipment shall also permit the voter casting a straight party vote to individually vote for candidates and in doing so the straight party vote will not be counted for that office and the individual vote, or votes in the case where more than one candidate will be elected for an office, will override the straight party vote for that office. ADD}

17-19-17. Custody of machines -- Duties of local boards -- Posting of sample ballots. {ADD 17-19-17. Custody of optical scan precinct count units and voting booths -- Duties of local boards -- Posting of sample ballots. -- ADD} Each local board shall be responsible for safeguarding the machines {ADD optical scan precinct count units and voting booths ADD} delivered to it, and shall properly and safely locate the machines {ADD optical scan precinct count units ADD} in the polling places where they are to be used. {ADD The local board shall also be responsible for the storage of all voting booths assigned to them and shall cause the same to be delivered and picked up at the polling places in which they are to be used. ADD} The local board shall cause the keys of the machines {ADD voting equipment ADD} to be delivered to the warden of the elective meeting at which machines {ADD optical scan precinct count units ADD} are to be used, at least half an hour before the opening of the polls. The key or keys of each machine {ADD optical scan precinct count unit ADD} shall be placed in a sealed envelope upon which shall be written or printed the number and location of the machine {ADD optical scan precinct count unit ADD} , and the numbers registered on the protective counter, if any, as reported to the local board when the machines were set up and adjusted. {ADD any other information or certification required pursuant to regulations promulgated by the state board of elections. ADD} The envelope shall be opened by the warden in the presence of the other election officers and the delivery of the keys shall be equivalent to a certificate from the local board and the state inspector that the machines are ready for use . The custody of the machines {ADD voting equipment ADD} shall remain with the local board up to the time of the delivery of the keys to the warden, and the local board shall be held fully responsible for any damage or injury to any machine {ADD voting equipment ADD} while it is in its custody, and for failure to have any machine {ADD voting equipment ADD} ready for use at the time of the opening of the polls. The local board shall cause the sample ballots to be posted in a conspicuous place in each polling place, outside the guard rail.

17-19-18. Examination of machines prior to opening of polls. -- {ADD 17-19-18. Examination of voting equipment prior to opening of polls. -- ADD} The warden , upon receipt of the keys of the machines at the voting place, shall, in company with the election inspector , the clerk, and supervisors, before the opening of the polls, unlock the counter {ADD each ADD} compartment of each machine and carefully examine each counter and determine that no vote is registered thereon for any candidate or question. {ADD of the optical scan precinct count unit to assure that no computer ballots are contained therein. ADD} The warden shall also examine the face of each machine {ADD computer ballot ADD} and compare it with the sample ballot. The warden shall determine, so far as the warden may do so without operating any machine {ADD the optical precinct count unit ADD} , that each machine {ADD unit ADD} is in good order and ready for the use of the voters. The warden shall thereupon close and lock the counter {ADD each ADD} compartment of each machine and unlock and unseal each machine for voting and declare the polls open. {ADD the optical scan precinct count unit. ADD} {ADD The warden shall open the polling place by following the instructions provided with the optical scan precinct count unit and carefully examine each vote total on the printed tape obtained from the optical scan precinct count unit and determine that no vote is registered thereon for any candidate or question. The warden shall then declare the polls open. ADD}

17-19-19. Custody of machines during voting. -- During the time that the polls are open, and until the machines {ADD the optical scan precinct count unit and voted computer ballots ADD} are finally locked and sealed and the removable keys thereof sealed up for transmission to the state board, as hereinafter provided, the machines {ADD optical scan precinct count units, memory cartridges, and voted computer ballots ADD} shall remain in the care and custody of the warden who shall see that the machine and the devices and labels thereon are {ADD said voting equipment is ADD} not defaced or injured by any voter or any other person. During the entire time in which the polls are open for voting, the counter {ADD ballot ADD} compartment{ADD s ADD} shall be kept closed and locked {ADD provided however that the emergency bin compartment slot shall be opened as provided in section 17-19-20. ADD} and the counters kept concealed. {ADD The vote totals are not to be printed under any circumstances during the time the polls are open for voting. ADD}

17-19-20. Repair or replacement of defective machines. -- If a machine {ADD an optical scan precinct count unit ADD} shall become out of order the warden shall so notify the election inspector who shall examine the machine. If, in the opinion of the election inspector, the machine requires the attention of a voting machine mechanic, the inspector shall notify the state board and the board shall thereupon provide a voting machine mechanic who may make any repairs on the machine which do not require the opening of the counter compartment. {ADD the voting equipment technician assigned to respond to such calls. ADD} While repairing or otherwise attending to the repair of any voting machine {ADD equipment ADD} , the voting machine mechanic {ADD voting equipment technician ADD} shall display, in a visible manner and on his or her clothing, an identification which shall be furnished by the state board {ADD of elections ADD} and which shall include a photograph of the voting machine mechanic. {ADD voting equipment technician, whenever possible. ADD} In the event that repairs are made to the machine {ADD voting equipment ADD} , the voting machine mechanic {ADD equipment technician ADD} shall make the repairs in the presence of a bipartisan pair of election officials and the mechanic {ADD technician ADD} shall note on the official return sheet {ADD document provided ADD} the nature and extent of the repairs made by the mechanic {ADD technician ADD} , the number of the machine, {ADD optical scan precinct count unit, ADD} the time required to make the repairs, and the probable cause of the failure to operate properly. If any machine {ADD optical scan precinct count unit ADD} cannot be repaired by the mechanic {ADD technician ADD} within a period of thirty (30) minutes the mechanic shall so notify the election inspector who shall in turn notify the state board {ADD technician ADD} , and the board shall at once substitute another machine {ADD optical scan precinct count unit ADD} for the out of order machine and at the close of the polls the records of both machines {ADD units ADD} shall be taken. {ADD During the time in which the optical scan precinct count unit is not accepting ballots, the warden shall, in the presence of the clerk, unlock the emergency bin compartment of the optical scan unit and shall direct voters to place their voted ballots into said compartment. Upon the repair of the unit, the warden in the presence of the clerk shall remove said ballots, deposit them in the appropriate ballot slot for counting by the unit and shall then close and lock the emergency compartment slot. ADD}

17-19-21. Arrangement of polling places -- Election officials -- Police officers. -- (a) The polling places shall be established, equipped, and furnished with the paraphernalia necessary for the conduct of each election, by such officers and in such manner as provided by this title. There shall be placed, outside each polling place, a clearly marked sign to be provided by the state board of elections indicating the location of the polling place. This sign shall be of a conspicuous nature, and shall be visible from the street. The area within which the balloting shall be conducted shall be arranged with a guard rail having one place for entrance and another place for exit. The rail shall be so placed that only persons admitted inside the rail can approach within five (5) feet of any voting machine {ADD booth or optical scan precinct count unit ADD} . The voting machine or machines {ADD voting booths and optical scan precinct count unit ADD} shall be so placed that the warden and the clerk shall always have a clear view of the front of each machine and of its latch {ADD each voting booth and the optical scan unit ADD} . It shall be the duty of the election inspector {ADD warden ADD} to direct the location of the voting machines {ADD equipment ADD} in relation to the guard rail and the posts of the warden and the clerk so as to enforce the requirements of this section.

(b) One bipartisan pair of supervisors, the clerk, and the warden shall be stationed, in that order, along the guard rail so that a voter desiring to cast a ballot will pass first in front of the bipartisan pair, then in front of the clerk, and finally in front of the warden. A second bipartisan pair shall be stationed within the guard rail and shall be available to relieve the first bipartisan pair or the clerk, and to assist voters within the limits prescribed by this title. The second bipartisan pair, when not engaged in the foregoing duties, shall watch the voters in and about the machines {ADD voting equipment ADD} and shall call to the attention of the warden any violation, or circumstance suggesting a violation, of the provisions of this title.

(c) The chiefs of police of cities and towns and town sergeants of towns having no chief of police shall detail a certain number of police officers to each polling place as may be requested by the local board. The police officers shall preserve order at each polling place and within two hundred (200) feet thereof. It shall be the duty of every police officer or other peace officer or constable to arrest without warrant any person detected in the act of violating the provisions of this chapter, but no arrest shall be made without the approval of the warden or the state election inspector. {ADD . ADD}

(d) The election officials provided in subsections (a) and (b) of this section shall be provided with, and shall be required to prominently display upon their persons, identification badges which shall set forth the designation of such person as an election official. Powers and duties of all designated election officials at polls shall be posted in a conspicuous and prominent location within the voting place, preferably with the posted sample ballot.

17-19-23. Wardens and supervisors -- Powers and duties. -- The wardens shall:

(a) Have general supervision of the voting place;

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

(c) From time to time assign and reassign and relieve the supervisors, as the efficient conduct of the election may require;

(d) Unlock the voting list and set it before the first bipartisan pair if it has not been divided in sections or set each section before a bipartisan pair where it has been divided in sections immediately preceding the opening of the polls;

(e) Assign the second or additional bipartisan pair of supervisors to watch the voters while they are in and about the voting machines, {ADD booths, ADD} and to enter the machines {ADD voting booths ADD} for the purpose of assisting voters who are unable to vote, within the limits provided by this chapter;

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

(g) Cause to be established a single line of persons desiring to vote and enlist the assistance of the supervisors and the police in attendance to maintain that line;

(h) So far as consistent with their other duties, station themselves at the entrance to the polling area and prevent any person from entering the enclosed space behind the rail except under the authority of this chapter, and prevent any person from entering that space for the purpose of voting until that person's name has been announced and that person's identity certified according to law by the supervisors in charge of the voting list ; {ADD , and shall prevent any voter from departing the enclosed space while in possession of his or her computer ballot. A notice shall be provided by the state board and posted in a conspicuous place advising that it is a felony for a voter to leave the enclosed area while in possession of his or her ballot. The voter has the option of casting his or her ballot or surrendering same to the warden whereby it will be marked void; ADD}

(i) Cause to be removed or arrested any person or official who commits a violation of the election law in their presence or disturbs the conduct of the voting; provided that they shall not cause any removal or arrest without the approval of the election inspector, unless the clerk agrees with the wardens that the person or official should be arrested or removed;

(j) Have the power to administer oaths as shall be by this title required, and to attest the oaths by signature in proof of the administration of the oaths.

{ADD 17-19-24. Procedure for voting. -- ADD} (a) Each person desiring to vote shall state his or her name and residence, including that person's street address, if any he or she has, to one of the first pair of bipartisan supervisors, who shall thereupon announce the name and residence in a loud and distinct voice, clear and audible. As each voter's name is announced, the voter shall be handed a ballot application in the following form:

Election

Date ____

I hereby certify that I am a registered and qualified elector in the above voting district of

City of

and hereby make application for ballots to be voted at this election.

______________

(Signature of Voter)

______________

(Residence Address)

Number Approved ____

(Supervisor of Election)

(b) The voter shall sign the application in the presence and view of a bipartisan pair. They shall locate the voter's name on the certified voting list for such voting district. Upon finding the voter's name on said certified voting list for such district they shall initial the ballot application in the place provided next to the word "Approved" and shall enter on said certified list of voters a proper notation that the applicant has voted in the election. They shall then return the ballot application to the voter who shall pass down the line and present it to the clerk. After the voter has handed the approved ballot application to the clerk, {ADD the clerk shall provide the voter with the appropriate computer ballot and security sleeve, ADD} the warden shall direct the voter to the machine {ADD voting booth ADD} which the voter shall use, and unless the voter needs instruction or assistance as provided in this chapter the voter shall at once operate the latch and enter the machine {ADD cast his or her vote and if he or she so desires place the voted computer ballot in a security sleeve ADD} , and shall vote by means of the devices, and having voted, the voter shall leave the machine {ADD proceed to the optical scan precinct count unit and shall personally place his or her voted ballot into the designated ballot slot on the unit ADD} and {ADD after so doing shall ADD} leave the enclosure at once. No voter shall remain within the machine {ADD voting booth ADD} longer than two (2) {ADD ten (10) ADD} minutes, and if the voter refuses to leave after the lapse of two (2) {ADD ten (10) ADD} minutes, the voter shall be removed therefrom by order of the warden. Except for the election officials and the election inspector, not more than two (2) voters in excess of the number of machines {ADD voting booths ADD} shall be permitted within the enclosed space at any time.

{ADD The optical scan precinct count unit shall be programmed to return a ballot to the voter if the voter has cast votes for more persons than which he or she is entitled to cast. The warden by reading the message given on the optical scan precinct count unit must advise the voter of the fact that the ballot has been overvoted. The voter will be instructed by the warden to remove his or her own ballot from the optical scan precinct count unit ballot slot. The warden will then ask the voter to surrender said ballot as void and receive a new ballot. If the voter agrees, the voter will make additional marks on the ballot so as not to identify the actual votes intended by the voter for said ballot. The ballot will be marked void by the warden and deposited in the receptacle for void ballots provided at the polling place. If the voter insists on casting said overvoted ballot, he or she will be advised that all races, other than the overvoted race, will be counted by the optical scan precinct count unit and if he or she still insists, the warden will manually override the appropriate control on the unit and allow for the ballot to be entered and counted for all races other than the overvoted race.

In the event a voter incorrectly marks a ballot by indicating his or her choices other than in the spaces provided for same, the ballot will be returned to the voter. The warden by reading the message given on the optical scan precinct count unit must advise the voter of the fact that the ballot has been marked incorrectly. The voter will be instructed by the warden to remove his or her own ballot from the optical scan precinct count unit ballot slot. The warden will then advise the voter to surrender said ballot as void and receive a new ballot. If the voter agrees, the voter will make additional marks on the ballot so as not to identify the actual votes intended by the voter for said ballot. The ballot will be marked void by the warden and deposited in the receptacle for void ballots provided at the polling place. The warden will then provide for the instruction of the voter on the correct manner of marking his or her vote and the voter will be issued a new ballot. If the voter insists on casting said incorrectly marked ballot, the warden will place the ballot in a special envelope marked "For Manual Count" to be packaged and delivered to the local board of canvassers who will manually count same after the close of the polls. At the close of the polls, said envelope shall be sealed and signed by the warden and the clerk.

17-19-26. Models for instruction -- Assistance to voters in operation of machine. -- {ADD Models for instruction. -- Assistance to voters in marking their ballot. -- ADD} For the instruction of voters on election days there shall, so far as practicable, be provided for each voting place a mechanically operated model of the face of the machine. Any person desiring information or assistance in voting {ADD on election day ADD} shall apply to the warden, who shall instruct the person upon the model and by the use of the sample ballots. If a voter needs instruction on the machine itself, or assistance in operating the machine {ADD assistance in casting his or her vote ADD} itself, and requests this assistance, the warden shall direct the second or additional bipartisan pair to instruct or assist the voter. The bipartisan pair shall enter the machine {ADD voting booth ADD} with the voter and instruct the voter in the use of the machine ADD} {ADD marking of his or her ballot , and if the voter has no further need of them they shall both withdraw before the voter casts his or her vote. If, however, the voter is unable to operate the machine {ADD mark his or her ballot ADD} , the bipartisan pair shall operate the machine {ADD mark the ballot ADD} for the voter as he or she directs, but unless ordered so to do by a court of competent jurisdiction, neither member of the pair shall disclose for whom and how the voter voted. In every case of this nature both members of the bipartisan pair shall enter and leave the machine {ADD voting booth ADD} together, and it shall be a violation of this chapter for either to enter or remain alone.

17-19-26.1. Voting assistance. -- (a) Any voter who requires assistance to vote by reason of blindness, disability or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union.

(b) Every voter who requires assistance pursuant to this section and every person furnishing assistance to a voter pursuant to this section shall make and file with the warden an affidavit in substantially the following form:

Under the penalty prescribed by law I hereby make affidavit that

I, __________________________________, of _______________________________

Print Name of Voter Street Address of Voter

_______________________________, hereby choose __________________________

City/Town of Voter ____________________ Print Name of Assistant ____________

to provide assistance to me because I am either blind, disabled or unable to read or write in the English language and do hereby certify that the person chosen to assist me is not my employer, or agent of my employer, or officer or agent of my union.

_______________________________________

Signature of Voter

Under the penalty prescribed by law I hereby make affidavit that

I, ________________________________________________________________, of

Print Name of Person Assisting Voter

_______________________________________________________________________

Street and City/Town Address of Person Assisting Voter

having been chosen by _________________________________________________

Print Name of Voter

to provide assistance to voter by reason of either blindness, disability or inability to read or write in the English language on the part of the voter, do hereby certify that I am not the voter's employer, or agent of that employer, or officer or agent of the voter's union.

____________________________________

Signature of Person Assisting Voter

Subscribed and sworn to on this ___________ day of ________ A.D. 19___.

____________________________________

Signature of Warden

Voter's ballot Application No. __________

(c) An affidavit will be made available only upon request by the voter to the warden in the polling place.

(d) Every person who shall make a false affidavit under this section shall be guilty of a felony.

(e) Under the penalty prescribed by law, the "assistant" is prohibited from moving the levers on the voting machine {ADD marking a vote on the computer ballot ADD} , unless otherwise requested by the voter who, due to physical handicap, is unable to move the levers on the voting machine {ADD mark his or her ballot ADD} .

(f) No person may approach a voter and ask if he or she needs assistance, once the voter is within the voting place or waiting in line to vote or within fifty (50) feet of the entrance or entrances to the building as prescribed in section 17-19-49.

17-19-31. Irregular ballots. -- Ballots voted for any person whose name does not appear on the machine {ADD ballot ADD} as a nominated candidate for office are herein referred to 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 so in nomination and partly of names of persons not in nomination, or wholly of names of persons not in nomination by any party. {ADD The computer ballot containing ADD} T {ADD t ADD} he irregular ballot shall be deposited in any receptacle or written upon the device provided on the machine for that purpose {ADD the optical scan precinct count unit ADD} . With that exception, no irregular ballot shall be voted for any person for any office whose name appears on the machine {ADD ballot ADD} 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 machine {ADD ballot ADD} , or it shall be void and not counted and no irregular ballots shall be counted at primaries. Provided, however, that at any presidential primary, irregular ballots shall be counted for those persons who are candidates for the office of president. {ADD At the close of the polls irregular ballots shall be packaged according to section 17-19-33 and shall be delivered forthwith to the local board of canvassers. The local board shall remain in session on election night to receive said ballots, to open said package labeled as containing write-in votes, and to count and record all write-in votes cast for all federal, state and local races listed on the ballot. The local board shall immediately notify the state board of such results through a procedure promulgated by the state board. ADD}

17-19-32. Recording and signing of returns. -- Immediately upon the close of the polls the warden shall lock and seal the machine against voting and shall open the counter compartment and, in the presence of the other election or primary election officers and the election inspector, {ADD follow the procedure for the closing of the unit set forth by the vendor of the optical scan precinct count unit. The warden and clerk shall sign the first copy of the tape containing the votes cast and shall remove same from the optical scan precinct count unit. The warden shall then obtain three (3) additional copies of the tape containing the vote totals from the optical scan precinct count unit, and ADD} the warden shall proceed to read off in a clear and loud voice the vote for each candidate, and upon each question as indicated by the counters, {ADD vote totals on the printed tape ADD} and the {ADD number of ADD} votes cast for persons not nominated. While the warden is so announcing the vote, the clerk shall record the vote on the forms provided for in section 17-19-11. Upon the blanks provided by the state board the clerk shall record in ink the votes cast for each candidate and person and for and against each question in the state election, and upon the blanks furnished by the state board he shall record in ink the votes cast for each candidate and person and for and against each question in the city or town election, and the number registered on the protective counter, if any; and these records shall be known, respectively, as state election returns and city and town election returns. The warden, election inspector, and one supervisor of each political party shall each separately compare the returns with the counters of the machine, and if they are found to agree, the warden, election inspector, clerk, and supervisor shall sign the returns. Primary election returns shall be similarly made out, compared, and signed. After all the machines have been read as above provided, the outside doors of the machines shall be left open for one-half an hour so that any candidate or the candidates representative and representatives of the press may read and tabulate the votes appearing on the machines. The clerk shall thereupon copy the election returns in ink in the record book of the elective meeting now provided for by law, and the warden shall compare the copy made in the book with the counters of the machine {ADD vote totals on the tape obtained from the optical scan precinct count unit ADD} , and if they are found to agree, the warden, together with the clerk, shall sign the record book. The records in the record book shall show the votes registered by each machine {ADD the optical scan precinct count unit ADD} for each candidate and person and for and against each question , and the number registered on the protective counter, if any. At least two (2) separate return sheets shall be made out for each machine used in the voting place .

17-19-33. Sealing of machine -- Sealing and forwarding of returns and keys. -- {ADD Sealing of voting equipment. -- Sealing and forwarding of results, programmed memory cartridges and keys. -- ADD} In the presence of the election inspector the machine shall then be completely locked and sealed by the warden so that the devices cannot be worked nor the counters or registers changed, and the removable keys of the machines shall be enclosed in a stout envelope and be directed to the state board. {ADD The four (4) copies of the printout tape from the optical scan precinct count unit obtained pursuant to section 32 of this chapter shall be distributed as follows: the first copy which includes the opening of the polling place information, signatures of the warden and clerk, a timed audit trail of certain events occurring with respect to the optical scan precinct count system and the vote totals for each candidate shall be packaged with the programmed memory cartridge and immediately delivered to the indicated site as determined by the state board of elections where it is processed and forthwith delivered to the state board of elections; the second copy shall be posted at the polling place; the third copy shall be delivered forthwith to the local board of canvassers attached to the return sheet as provided in section 11 of this chapter together with the polling place supplies including the key to the optical scan precinct count unit; the fourth copy shall be included with the voted ballots and packaged pursuant to this chapter. ADD} The record book shall be placed in a paper wrapper and shall be directed to the town clerk. The record book and envelope shall then be sealed with two (2) or more adhesive labels affixed upon the envelope and package so that they cannot be tampered with, and the labels shall be signed in ink by the warden and clerk. The envelope and record book shall not be opened after they are once sealed up in the polling place, by any person whatsoever, except the officer to whom they are addressed. The state election returns, together with the removable keys of the voting machines, shall be enclosed in a stout envelope, together with the supervisor's reports, and the envelope shall be endorsed with a statement of the officers and questions to which the returns relate, the number of the machines from which the returns were taken, the voting place where the machines were used, and the date of the election to which the returns refer. The city and town election returns shall be enclosed in another stout envelope, together with the supervisor's reports, and the envelope shall be endorsed with a statement of the officers and questions to which such returns relate, the number of machines from which the returns were taken, the voting place where the machines were used, and the date of the election to which the returns refer. Each envelope shall be sealed with two (2) or more adhesive labels, and the labels shall be signed in ink by the warden and clerk. The tabulations of the returns of any state general or special elections, together with the removable keys of the voting machines, enclosed in envelopes and sealed up as before prescribed, shall be turned over immediately by the warden or the clerk or both to the state board and the tabulations of the returns of any city or town special or general elections, together with the record book and voting lists, shall be turned over by the warden or the clerk or both to the local board and the returns shall be of the same force and effect in determining the vote cast for any candidate or person, or for and against any question, as would ballots cast for any candidates or persons, or for and against any question, under any other provisions of law in regard to elections.

{ADD The ballot applications, used and unused, shall be packaged separately and returned to the local board of canvassers. All supervisor's reports and any other miscellaneous reports and supplies shall be packaged and delivered to the local board for subsequent delivery to the state board.

The warden shall remove all voted ballots from the first compartment of the optical scan precinct count unit and shall package them in the container provided and labeled as regularly voted ballots; the warden shall then remove all voted ballots from the second compartment and shall package them in the container provided and labeled as containing write-in votes; and finally all ballots that have not been counted shall be packaged in the container provided and labeled for manual count. All ballots so packaged shall be delivered forthwith to the local canvassing authority and the local board shall be in session for the counting of any write-in votes and the manual counting of any ballots packaged as having been removed from the emergency bin. All marking pens, unused printout tapes, secrecy sleeves and other items related to the voting equipment shall be packaged and delivered to the local board for later delivery to the office of the state board of elections. ADD}

17-19-34. Declaration of results and certificates of election in towns not divided into districts. -- When machines {ADD optical scan precinct count units ADD} are used in town elections in towns not divided into voting districts, the warden, after announcing the votes registered by the machines {ADD optical scan precinct count units ADD} for the candidates for town offices, and upon questions submitted to the voters of the town, and signing the record thereof in the record book, shall declare the result of the town election, and certificates shall be issued to the officers declared elected.

17-19-35. Guarding machines until resumption of custody by board. -- {ADD Guarding optical scan precinct count units until resumption of custody by board. -- ADD} Under orders or the local board, a police officer shall remain at the voting place until the board, personally or by a custodian, resumes custody of the voting machines {ADD optical scan precinct count units and voting booths ADD} .

17-19-36. Tabulation of town returns -- Opening of machines -- Certificate of election. -- {ADD 17-19-36. Tabulation of town returns. -- Certificate of election. -- ADD} The local board shall meet on the day following the election and shall tabulate the town or city election returns, as the case may be, and announce the results, but shall issue no certificates of election until the time for petitions filed under this section has expired and if a petition has been filed, until the petition shall have been finally determined. Any candidate at the election challenging the correctness of the declaration of result as applied to the candidate may, within seven (7) days after the election, petition the state board to open the machines upon which the candidate's name appeared at the election and the board shall open and read the machines as soon as it can do so consistent with its other duties, {ADD conduct a recount of the votes cast according to the provisions set forth in section 17-19-37.1. After the completion of such recount ADD} and if it finds that the candidate was elected, it shall direct the local board to issue to the candidate a certificate of election, but if it finds that the candidate declared to be elected by the local board was in fact elected, it shall direct the board to issue a certificate of election to the candidate previously declared elected.

17-19-37. Tabulation of state returns -- Opening of machines -- Certificate of election. -- {ADD Tabulation of state returns. -- Certificate of election. -- ADD} The state board shall proceed to tabulate the state election returns and declare the results as provided in chapter 22 of this title, and any candidate at the election challenging the result as applied to him or her may petition the board within seven (7) days after the declaration to open the machines on which the candidate's name appeared at the elections and the board shall open and read the machines {ADD conduct a recount of the votes cast in said candidate's election according to the provisions set forth in section 17-19-37.1. After the completion of such recount and ADD} as soon as it can do so consistent with its other duties{ADD , ADD} and {ADD the state board shall ADD} issue a certificate of election to the {ADD state and federal ADD} candidate it determines to have been elected.

17-19-38. Custody of machines pending return to state board. -- {ADD Custody of optical scan precinct count units pending return to storage. -- ADD} When the machines used in any voting place have been finally locked and sealed by the warden a {ADD A ADD} fter the close of the polls, the local board shall resume custody of the machines {ADD optical scan precinct count units and voting booths, ADD} either in person or through a police officer delegated for that purpose, until the machines {ADD optical scan precinct count units ADD} are removed by the state board {ADD or their designee ADD} , or some person designated by it, and {ADD all voting booths are removed by ADD} the local board{ADD . ADD} {ADD The local board ADD} shall take all necessary measures to prevent the machines {ADD voting equipment ADD} from being opened, tampered with, injured, or damaged , or the counters thereof changed until such time as the local board is notified by the proper officers that the election or primary has in all respects been completed .

17-19-39. Power to open machines. -- {ADD Power to open voting equipment. -- ADD} The state board, which is the sole custodian of master keys for all voting machines {ADD The state board of elections ADD} shall have the right to open any and all machines {ADD voting equipment ADD} either before or after an election in the presence of the proper election officials of the city or town in which the election is held, for the purpose of examining the machine or machines {ADD voting equipment ADD} ; provided, however, that none of the counters on any of the voting machines {ADD no programmed memory cartridges ADD} shall be changed {ADD erased ADD} until after the expiration of ten (10) days from the election at which the machines were {ADD voting equipment was ADD} used. {ADD After the expiration of ten (10) days from the election at which the ballots were cast, voted computer ballots that were counted at the state board shall be removed from the ballot transfer cases and shall be held in sealed storage containers by the state board until the expiration of twenty-six (26) months from the date of the election; voted computer ballots that were counted at the local board shall be removed from the ballot transfer cases and shall be held in sealed storage containers by the local board until the expiration of twenty-six (26) months from the date of the election. The computer file containing ballot layout information and candidate totals shall be transferred to a disk and retained permanently. ADD}

17-19-42. Tampering with voting machines. -- {ADD Tampering with voting equipment. -- ADD} Any person, not being an election or primary officer or person upon whom a duty is imposed by this chapter, who, while any machine {ADD voting equipment ADD} is being made ready for an election or primary, or is in use during an election or primary, shall tamper with, disarrange, deface, injure, or impair the machine {ADD voting equipment ADD} in any manner, or mutilate, injure, or destroy or disarrange any label thereon, or to be placed thereon {ADD computer ballot ADD} , or any other appliance used in connection with the machine {ADD voting equipment ADD} , shall be guilty of a felony.

17-19-44. Officer tampering with machine. -- {ADD Officer tampering with voting equipment. -- ADD} Any person having the custody of a machine {ADD voting equipment ADD} under this chapter, or any election or primary officer, who, with intent to cause or permit any machine {ADD voting equipment ADD} to fail to correctly register all votes cast thereby, tampers with, injures, or disarranges the machine {ADD voting equipment ADD} in any way, or any part thereof, or who causes or consents to the machine {ADD voting equipment ADD} being so used for voting at any election or primary with knowledge of the fact that the machine {ADD voting equipment ADD} is not in order or not properly set and adjusted {ADD programmed ADD} so that it will correctly register all votes cast thereby, or who, for the purpose of defrauding or deceiving any voter or of causing it to be doubtful for what candidates or question any vote is cast, or of causing it to appear upon the machine {ADD voting equipment ADD} that votes cast for one candidate or question were cast for another candidate or question, removes, changes, or mutilates any label on the machine {ADD computer ballot ADD} or any part thereof, or does anything to defeat the will or intention of a voter in casting a lawful vote, shall be guilty of a felony.

17-19-45. Fraudulent election returns. -- Any election or primary officer who shall at the close of the polls purposely cause the vote registered by any machine {ADD optical scan precinct count unit or related voting equipment ADD} to be incorrectly recorded or returned, as to any candidate, person, or question, or who shall knowingly consent to these things, or any of them, being done, shall be guilty of a felony.

17-19-46. False instructions as to operation of machines. -- {ADD False instructions as to marking a computer ballot and the operation of optical scan precinct count units. -- ADD} Whoever, with intent to defraud a voter of his vote, or to cause a voter to lose his or her vote, shall give in any way, or shall print, write,or circulate, or shall cause to be written, printed, or circulated, any improper, false, misleading, or incorrect instructions or advice or suggestions of how to vote by the machine {ADD computer ballot in conjunction with the optical scan precinct count unit ADD} , the following of which would cause any voter to lose his or her votes or would cause him or her to fail to register or record the votes on the machine {ADD optical scan precinct count unit ADD} for any candidate or question according to his or her choice, shall be guilty of a felony.

17-19-47. Improper possession of voting machine keys or duplicates. -- {ADD Improper possession of voting equipment keys or duplicates. -- ADD} Any unauthorized person who shall make a duplicate of, or have in his or her possession, a key to any machine {ADD voting equipment ADD} used at any election, or any election officer who shall keep one or more keys to a machine {ADD said voting equipment ADD} and shall fail or refuse to return them immediately after the election to the officer charged by law with the duty of caring for the keys, and any custodian who shall keep one or more of the keys after he or she has prepared the machines {ADD voting equipment ADD} for election and shall refuse to turn the keys over to the officer charged by law with the care of the keys, and any officer charged by law with the care of the keys who shall keep the keys and refuse to deliver them over to the officer's successor in office, shall be guilty of a felony.

17-19-51. Priority for elderly voters. -- At each polling place, one voting machine {ADD booth ADD} shall be designated for priority use by electors over sixty-five (65) years of age. These electors, once they have complied with the requirements of section 17-19-24, shall, upon request, be permitted to vote immediately on the voting machine {ADD in the voting booth ADD} so designated. Other voters below the age of sixty-five (65) years may use the voting machine {ADD booth ADD} so designated when there are no voters above that age waiting to vote.

17-19-52. Priority disabled voters. -- Whenever a voter appears at a polling place and that voter has (a) an obvious medical disability which, in the opinion of the warden, would cause the voter to experience severe discomfort by standing in line, or (b) a certificate from a licensed physician or Christian Science practitioner, attesting that the voter has a disability which makes his or her standing in line inadvisable, then that voter may be allowed a priority position for complying with requirements of section 17-19-24 of the general laws and in each polling place one voting machine {ADD booth ADD} shall be designated for priority use by these electors. Other voters may use the voting machine {ADD booth ADD} when there are no disabled voters waiting to vote.

SECTION 13. Sections 17-20-18, 17-20-23, 17-20-24, 17-20-26 and 17-20-27 of the General Laws in Chapter 17-20 entitled, "Mail Ballots" are hereby amended to read as follows:

17-20-18. Instructions on ballot -- Captions on reverse. -- {ADD 17-20-18. Instructions on ballot. -- ADD} The secretary of state may, if the secretary deems necessary, cause to be printed at the head of the ballot brief instructions for voting and the use of the ballot. The reverse side of the mail ballots shall, in addition to the official endorsement provided by law, bear the words "Mail voters."

17-20-23. Marking and certification of ballot. -- (a) A voter desiring to vote for all candidates of one political party for national and state, or city or town, offices, shall place a cross (X) within the circle above {ADD fill in the appropriate space next to ADD} the designation of that party upon the appropriate ballot. {ADD A voter casting such straight party vote may also individually vote for candidates and in doing so the straight party vote will not be counted for that office and the individual vote, or votes in the case where more than one candidate will be elected for an office, will override the straight party vote for that office. ADD}

(b) A voter may omit to mark in any circle {ADD as provided in (a) ADD} and may vote for the candidates of the voter's choice by making a cross (X) in the squares {ADD mark in the space provided ADD} opposite their respective names. Where a voter makes a cross (X) within the circle at the top of any column, and cancels a name in the column, but does not mark a cross (X) within the voting square at the right of any name of a candidate for the same office in any other column, the ballot shall be considered blank for the office.

(c) In case a voter desires to vote upon a question submitted to the vote of the electors of the state, the voter shall mark in the appropriate square a cross (X) against {ADD space associated with ADD} the answer which the voter desires to give.

(d) The voter shall mark the ballot in the presence of two (2) witnesses or some officer authorized by the law of the place where marked to administer oaths. Except as may be otherwise provided for by this chapter the voter shall not allow the official or witnesses to see how he or she marks it and the official or witnesses shall hold no communication with the voter, nor the voter with the official or witnesses, as to how the voter is to vote. Thereafter the voter shall enclose and seal the ballot in the envelope provided for it. The voter shall then execute before the official or witnesses the certification on the envelope and shall endorse the reverse side of the envelope as provided by this chapter. The voter shall then enclose and seal the certified envelope with the ballot in the envelope addressed to the state board and cause the envelope to be delivered to the state board on or before the election day.

(e) These ballots shall be counted only if received within the time limited by this chapter.

(f) There shall be a space provided on the general election ballot to allow the voter to write-in the names of persons not in nomination by any party as provided for in section 17-19-31 and section 17-20-24 of the Rhode Island general laws.

17-20-24. Irregularities not impairing validity of ballots. -- (a) No ballot transmitted under the provisions of this chapter shall be rejected for any immaterial addition, omission, or irregularity in the preparation or execution of the paper {ADD computer ADD} ballot, nor for failure of the voter to affix sufficient postage. No ballot shall be invalid by reason of mistake or omission in writing in the name of any candidate where the candidate intended by the voter is plainly identifiable. Where, because of any defect in marking, a ballot is held invalid as to any particular candidate for office, it shall remain valid as to the candidates for other offices. No ballot shall be invalid by reason of the voter writing upon the inner envelope the name of a community within a town in place of the name of the town. No defect in the marking of a cross {ADD marking of the appropriate space associated with casting a vote ADD} shall invalidate any ballot or a vote for any candidate, where the intention of the voter is clearly indicated.

(b) No ballot shall be rejected if the intention of the voter is clear unless it contains clear evidence of the identity of the voter.

17-20-26. Opening and counting of ballots. -- (1) Beginning prior to and continuing on election day the state board, upon receipt of mail ballots, shall keep the ballots in a safe and secure place which shall be separate and apart from the general public area, and hold sessions, at which in each instance it shall:

(a) Open the outer envelope and attach the matching ballot application to the inner certifying envelope;

(b) Write or fill in the name or number of the city or town, and senatorial and representative and/or voting district, as the case may be, on the inner certifying envelope, as they appear on the ballot application;

(c) Number consecutively for identification the inner certifying envelopes and matching ballot applications;

(d) Beginning five days prior to and continuing on election day, proceed to certify the mail ballots. Notice of these sessions shall be given to the public by announcements in newspapers of general circulation published at least twenty-four (24) hours before the commencing of any session. All candidates for state and federal office, as well as all state party chairmen, shall be given notice by telephone or otherwise of the day on which ballots effecting that candidate's district will be certified; provided, however, failure to effect the notice shall in no way invalidate the ballots.

(2) This processing shall be done within a railed space in the room in which it takes place, and the board shall admit within the railed space, in accordance with the rules as the board shall adopt, to witness the processing and certification of said ballots, the voter interested or the voter's representative, the candidates, or at least one (1) representative of each candidate for whom votes are at the time being processed, and an equal number of representatives of each political party. These representatives shall be authorized in writing by the voter, the candidate, or the chairman of the state committee of the political party, respectively, as the case may be. The board shall also, in accordance with these rules, admit representatives of the press and newscasting agencies and such other persons as it deems proper.

(3) At these sessions, and before certifying any ballot, the state board shall:

(a) Determine the city or town, and senatorial, representative, and voting district, in which the voter cast his or her ballot and classify accordingly.

(b) Compare the name, residence and signature of the voter with the name, residence, and signature on the ballot application for mail ballots and satisfy itself that both signatures are identical.

(4) If, during the processing and certification of mail ballots no objection has been raised against the certification of a ballot, the outer envelope shall be discarded. However, if an objection has been raised that entails further consideration and determination by the board, the outer envelope shall remain attached to the certifying inner envelope for identification purposes.

(5) The board shall establish guidelines setting forth the grounds for challenging the certification of mail ballots. These guidelines shall recognize that if a ballot can be reasonably identified to be that of the voter it purports to be, and if it can reasonably be determined that the voter was eligible to vote by mail ballot and if the requirements of section 17-20-2.1 were complied with, it should not be subject to frivolous or technical challenge. The burden of proof in challenging a mail ballot as not obtained and/or cast in conformance with this chapter is on the person challenging the ballot. Once the irregularity is shown, the burden of proof shall shift to the person defending the ballot to demonstrate that it is the ballot of the voter it purports to be, that the voter was eligible to vote by mail ballot, and that all of the applicable requirements of section 17-20-2.1 were complied with. The guidelines shall be adopted at a public meeting of the board and shall be made available prior to the start of the certification process for mail ballots.

(6) After processing and certification of the mail ballots, they shall be separated in packages in accordance with their respective cities and towns, and senatorial, representative, and voting districts, in the presence of the board and all other interested parties. Thereupon, in each instance the board shall open the enclosing envelope, and without looking at the inside of {ADD votes cast on ADD} the state ballot enclosed therein deposit the ballot in a covered locked box, after marking thereon the voting district from which the voter was registered {ADD shall remove the ballot from the envelope ADD} . After the last of the ballots has been so deposited {ADD removed ADD} the state board shall forthwith proceed to count the ballots {ADD through the use of a central count optical scan unit ADD} with the same effect as if the ballots had been cast by the electors in open town, or district, meetings.

{ADD When a local election is held at a time other than in conjunction with a statewide election, the state board, after the processing and certification of the mail ballots cast in said local election, shall package said local ballots to be promptly delivered in sealed packages, bearing upon the seals the signatures of the members of the board, to the appropriate local board which shall thereupon proceed to count the ballots in the same manner and with the same effect as state mail ballots are counted by the state board. ADD}

(7) At the same time as the state ballots are deposited as aforesaid municipal mail ballots shall be segregated by the board according to cities and towns after first marking on each city ballot the appropriate ward and school district numbers and on each town ballot the appropriate district numbers. Upon the completion of the segregation of the municipal mail ballots, they shall be promptly delivered in sealed packages, bearing upon the seals the signatures of all members of the board, to the appropriate local boards which shall thereupon proceed to count the ballots in the same manner and with the same effect as the state mail ballots are counted by the state board.

17-20-27. Sealing of ballots and voting list. -- The state board shall, at the completion of the count of all votes cast at any election, {ADD securely store all ballots cast in said election, and after the certification of the results of said elections, the state board shall ADD} place all ballots received from mail voters together with the certified envelopes containing the ballots in a steel box or package and shall seal the ballots and envelopes in open meetings of the board by affixing at least four (4) adhesive labels, and the members of the board shall sign the labels by affixing their signatures in ink to each of the labels, and thereafter no steel box or package shall upon any pretense whatever be reopened by any person except upon order of the general assembly or a court of competent jurisdiction, but shall be held by the board until the first day of September in the second year after the ballots were cast when they may then be destroyed. The certified copies of the voting lists of mail voters and the applications referred to in section 17-20-10 shall likewise be safely sealed and kept by the board for the same length of time.

SECTION 14. Section 17-22-1 of the General Laws in Chapter 17-22 entitled "Tabulation and Certification of Returns by State Board" is hereby amended to read as follows:

17-22-1. Commencement and continuance of tabulations. -- The state board shall commence the counting, canvassing and tabulating of all votes cast, including absentee, shut-in and Rhode Island war ballots, at 9:00 p.m. on any election day at which absentee, shut-in, or Rhode Island war ballots may be cast and within twenty-four (24) hours after any other election or primary, and shall continue and complete the same with all reasonable expedition {ADD by using an optical scan count system ADD} .

SECTION 15. Section 17-12.1-13 of the General Laws in Chapter 17-12.1 entitled "Primaries for Election of Delegates to National Conventions and for Presidential Preference" is hereby repealed in its entirety.

17-12.1-13. Paper ballots. -- Paper ballots may be used as provided in and pursuant to sections 17-19-2 and 17-19-40.

SECTION 16. Section 17-15-10 of the General Laws in Chapter 17-15 entitled "Primary Elections" is hereby repealed in its entirety.

17-15-10. Use of paper ballots. -- Whenever in a particular voting district or districts it shall not be possible to include the names of all candidates on the ballot labels of the machine arranged according to the provisions of section 17-15-8, then the candidates for all offices except ward and town committees shall be placed upon the voting machines as prescribed by this chapter and for all the candidates to be voted for in the district, the secretary of state shall prepare suitable paper ballots which shall be used. The paper ballots shall have the candidates' names in the same order as prescribed for ballot labels for voting machines as prescribed by this chapter.

SECTION 17. Section 17-19-4.1 and 17-19-40 of the General Laws in Chapter 17-19 entitled "Conduct of Elections, and Voting Machines, and Supplies" are hereby repealed in their entirety.

17-19-4.1. Increase in number of voting machines required. -- (Effective January 1, 1995). -- Notwithstanding the provisions of section 17-19-4, as amended, for each voting district and for each town not divided into voting districts the state board of elections shall furnish one or more voting machines as the situation and number of voters in that district or town may require in all non-partisan primaries and elections; provided, however, that in the case of primaries at least one machine shall be furnished for every three hundred (300) qualified electors or fraction thereof in excess of one hundred (100) and in the case of elections at least one machine shall be furnished for every two hundred fifty (250) qualified electors or fraction thereof in excess of one hundred (100). In making the calculation required by this section, voters whose names are on the inactive list of voters shall not be included.

17-19-40. Paper ballots. -- In the event that paper ballots shall be used in any election as provided in section 17-19-2 or as the general assembly may otherwise from time to time authorize, the ballots shall be uniform and in such form as may be prescribed by the secretary of state and shall be numbered serially upon perforated stubs, which stubs shall be removed by the proper election official at the time of voting and kept in a separate container and returned to the local board with the other paraphernalia so to be returned after the election. The local board shall account to the state board for all ballots received by the local board, by a uniform method established by the state board, whether used, unused, destroyed, or invalidated in the course of the election. No paper ballot shall be rejected if the intention of the voter is clear unless it contains clear evidence of the identity of the voter. The state board shall establish such rules and regulations as shall be deemed necessary to carry out the principle enunciated herein which rules and regulations shall have the force of law and shall be carried out by the proper election officials.

SECTION 18. Notwithstanding the provisions of this act, the Board of Elections and the Secretary of State may employ the use of optical scan voting technology for the mail ballot portions of the September 10, 1996 primary and the November 5, 1996 general election."

SECTION 19. Section 18 of this act shall take effect upon passage and the remainder of this act shall take effect on January 1, 1997.