Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0380 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO ELECTIONS -- STATEWIDE REFERENDA ELECTIONS
1616 Introduced By: Senators McKenney, Britto, Burke, LaMountain, and Kallman
1717 Date Introduced: February 16, 2023
1818 Referred To: Senate Judiciary
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Sections 17-5-1.1, 17-5-3 and 17-5-5 of the General Laws in Chapter 17-5 1
2323 entitled "Statewide Referenda Elections" are hereby amended to read as follows: 2
2424 17-5-1.1. Special referenda elections. 3
2525 Any proposition of amendment of the Constitution or any other public question submitted 4
2626 to the electors of the state at any election not a general election pursuant to § 17-1-2(2) shall be 5
2727 held on the first Tuesday next after the first Monday of any month and shall be voted upon at town, 6
2828 ward, and district meetings, in accordance with the following procedure: 7
2929 (1) When an act of the general assembly is passed authorizing the submission of a question 8
3030 to all of the electors of the state, the secretary of state is authorized to rephrase the question to 9
3131 appear on the ballot in a manner that would clearly apprise the voters of the question to be voted 10
3232 upon and to cause the ballot to contain a concise caption of the question, and the full text of the 11
3333 question as adopted by the general assembly need not appear on the ballot except for proposed 12
3434 amendments to the Constitution of the state of Rhode Island., but shall: 13
3535 (i) Require that the question shall be stated in plain language reasonably calculated to be 14
36-understood by persons with an eighth-grade reading level; and 15
36+understood by persons with middle school reading comprehension skills; and 15
3737 (ii) The secretary of state shall cause each question appearing on the ballot prepared by him 16
3838 or her to be designated by number, the first question to be designated by the numeral I and 17
3939 additional questions shall follow numbered so that all questions submitted to all the electors of the 18
4040 state and appearing upon the ballot are numbered consecutively; provided that local questions shall 19
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4444 be printed on a distinctive colored background. 1
4545 (2) Prior to the election at which public questions are to be submitted, the secretary of state 2
4646 shall cause to be printed and shall send one copy of the full text of each legislative act to be acted 3
4747 upon and applicable to the state at large, or the secretary of state may substitute a description of the 4
4848 text of each act in lieu of the full text, to each residential unit in Rhode Island together with the 5
4949 following information: 6
5050 (i) The designated number of the question appearing on the ballot; 7
5151 (ii) A brief caption of the question appearing on the ballot; and 8
5252 (iii) A brief explanation of the measure being the subject matter of the question. 9
5353 (3) Voting on a proposition of amendment of the Constitution or of a public question of 10
5454 statewide impact shall be by means of optical-scan voting equipment and computer ballots 11
5555 authorized pursuant to this title. 12
5656 17-5-3. Publication of questions to be submitted to voters. 13
5757 (a) Prior to each general election at which public questions are to be submitted, the 14
5858 secretary of state shall cause to be printed and shall send one copy of the full text of each legislative 15
5959 act to be acted upon and applicable to the state at large, or the secretary of state may substitute a 16
6060 description of the text of each act in lieu of the full text, to each residential unit in Rhode Island 17
6161 together with the following information: 18
6262 (1) The designated number of the question; 19
6363 (2) A brief caption of the question; 20
6464 (3) A brief explanation of the measure that is the subject matter of the question stated in 21
65-plain language reasonably calculated to be understood by persons with an eighth-grade reading 22
66-level; and 23
65+plain language reasonably calculated to be understood by persons with middle school reading 22
66+comprehension skills; and 23
6767 (4) A notice that voter fraud is a felony and the penalty for voter fraud. This notice shall be 24
6868 in conspicuous lettering and shall contain the following language: “You must be registered to vote 25
6969 from your actual place of residence.” 26
7070 (b) If the public question involves the issuance of bonds or other evidence of indebtedness 27
7171 or any other long term financial obligation such as a lease, the notice required by subsection (a) of 28
7272 this section shall also include at least the following information to be provided by the agency or 29
7373 department for which the bonds or other evidence of indebtedness or any other long term financial 30
7474 obligation is intended: 31
7575 (1) The estimated total cost of the project or program, including financing (using a 32
7676 reasonable assumed rate of interest), legal, and other costs. 33
7777 (2) The estimated useful life of the project, and the term of the bonds, other indebtedness, 34
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8181 or other obligation. 1
8282 (3) A reasonably detailed description of the project or program, its purposes, and a project 2
8383 timetable. 3
8484 17-5-5. Language contained on computer ballots. 4
8585 (a) Notwithstanding the authority of the secretary of state to determine the design and 5
8686 content of the computer ballots by rules and regulations, all computer ballots shall contain a clear 6
8787 and concise statement of the nature of each question stated in plain language reasonably calculated 7
88-to be understood by persons with an eighth-grade reading level, presented without the necessity of 8
89-repeating the full text of the question as adopted by the general assembly; provided, that in the case 9
90-of proposed amendments to the Constitution of the state of Rhode Island, the full text as adopted 10
91-by the general assembly shall be reprinted on the computer ballots. The secretary of state shall 11
92-cause each question appearing on the computer ballot prepared by the secretary to be designated 12
93-by number, the first question to be designated by the number I, and additional questions shall be 13
94-submitted with numbers in consecutive order. 14
88+to be understood by persons with middle school reading comprehension skills, presented without 8
89+the necessity of repeating the full text of the question as adopted by the general assembly; provided, 9
90+that in the case of proposed amendments to the Constitution of the state of Rhode Island, the full 10
91+text as adopted by the general assembly shall be reprinted on the computer ballots. The secretary 11
92+of state shall cause each question appearing on the computer ballot prepared by the secretary to be 12
93+designated by number, the first question to be designated by the number I, and additional questions 13
94+shall be submitted with numbers in consecutive order. 14
9595 (b) Notwithstanding the foregoing, in the general election to be held on November 2, 2004, 15
9696 in order to avoid a two-sheet statewide ballot, given the number of public questions to be submitted 16
9797 to the electors at such general election, the secretary of state may prepare the ballot in such manner 17
9898 that the statewide public questions involving the issuance of bonds or other evidence of 18
9999 indebtedness, or other long-term financial obligation, shall appear on the ballot with only a caption 19
100100 and the amount of financial obligation to be incurred, but without the clear and concise statement 20
101101 of each question, as otherwise required. Provided, however, that such clear and concise statement 21
102102 of such question shall instead appear in a conspicuous location within each privacy voting booth at 22
103103 each polling place with additional copies thereof available at each polling place; and for mail ballot 23
104104 voters, each such ballot sent to a mail ballot voter shall be accompanied by a clear and concise 24
105105 statement of each question printed on a separate sheet of paper. 25
106106 (c) Notwithstanding the foregoing, in the general election to be held on November 4, 2014, 26
107107 in order to avoid a multiple page statewide ballot, given the number of public questions to be 27
108108 submitted to the electors at such general election, the secretary of state may prepare the ballot in 28
109109 such manner that the statewide public questions involving the issuance of bonds or other evidence 29
110110 of indebtedness, or other long-term financial obligation, shall appear on the ballot with only a 30
111111 caption and the amount of financial obligation to be incurred, but without the clear and concise 31
112112 statement of each question, as otherwise required; provided, however, that such clear and concise 32
113113 statement of such question shall instead appear in a conspicuous location within each privacy voting 33
114114 booth at each polling place with additional copies thereof available at each polling place; and for 34
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118118 mail ballot voters, each such ballot sent to a mail ballot voter shall be accompanied by a clear and 1
119119 concise statement of each question printed on a separate sheet of paper. 2
120120 SECTION 2. This act shall take effect upon passage. 3
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127127 EXPLANATION
128128 BY THE LEGISLATIVE COUNCIL
129129 OF
130130 A N A C T
131131 RELATING TO ELECTIONS -- STATEWIDE REFERENDA ELECTIONS
132132 ***
133133 This act would amend certain election statutes to require ballot questions be written in plain 1
134-language reasonably calculated to be understood by persons with an eighth-grade reading level. 2
135-This act would take effect upon passage. 3
134+language reasonably calculated to be understood by persons with middle school reading 2
135+comprehension skills. 3
136+This act would take effect upon passage. 4
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