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5 | 5 | | 2025 -- S 0815 |
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6 | 6 | | ======== |
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7 | 7 | | LC001235 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO ELECTIONS -- MAIL BALLOTS |
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16 | 16 | | Introduced By: Senators Patalano, Thompson, Vargas, Tikoian, Britto, Dimitri, and |
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17 | 17 | | LaMountain |
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18 | 18 | | Date Introduced: March 14, 2025 |
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19 | 19 | | Referred To: Senate Judiciary |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 17-20-26 of the General Laws in Chapter 17-20 entitled "Mail 1 |
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24 | 24 | | Ballots" is hereby amended to read as follows: 2 |
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25 | 25 | | 17-20-26. Opening and counting of ballots. 3 |
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26 | 26 | | (a)(1) Beginning prior to and continuing on election day the state board, upon receipt of 4 |
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27 | 27 | | mail ballots, shall keep the ballots in a safe and secure place that shall be separate and apart from 5 |
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28 | 28 | | the general public area and sufficiently monitored through security measures including security 6 |
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29 | 29 | | cameras. The board shall, beginning twenty (20) days prior to and continuing on election day, 7 |
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30 | 30 | | proceed to certify the mail ballots. 8 |
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31 | 31 | | (2) Notice of these sessions shall be given to the public on the state board of elections’ 9 |
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32 | 32 | | website and the secretary of state’s website posted at least twenty-four (24) hours before the 10 |
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33 | 33 | | commencing of any session. All candidates for state and federal office, as well as all state party 11 |
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34 | 34 | | chairpersons, shall be given notice by telephone, email or otherwise of the day on which ballots 12 |
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35 | 35 | | will be certified; provided, that failure to effect the notice shall in no way invalidate the ballots. 13 |
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36 | 36 | | (b) This processing shall be done within a railed space in the room in which it takes place, 14 |
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37 | 37 | | and the board shall admit within the railed space, in accordance with those rules that the board shall 15 |
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38 | 38 | | adopt, to witness the processing and certification of the ballots, the interested voter or the voter’s 16 |
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39 | 39 | | representative, the candidates, or at least one representative of each candidate for whom votes are 17 |
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40 | 40 | | at the time being processed, and an equal number of representatives of each political party. These 18 |
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41 | 41 | | representatives shall be authorized in writing by the voter, the candidate, or the chairperson of the 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC001235 - Page 2 of 4 |
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45 | 45 | | state committee of the political party, respectively, as the case may be. The board shall also, in 1 |
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46 | 46 | | accordance with these rules, admit representatives of the press and newscasting agencies and any 2 |
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47 | 47 | | other persons that it deems proper. 3 |
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48 | 48 | | (c) At these sessions, and before certifying any ballot, the state board shall: 4 |
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49 | 49 | | (1) Determine the city or town in which the voter cast his or her ballot; and 5 |
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50 | 50 | | (2) Compare the name, residence, and signature of the voter with the name, residence, and 6 |
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51 | 51 | | signature on the central voter registration system for mail ballots and satisfy itself that both 7 |
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52 | 52 | | signatures are identical. The board shall designate two (2) persons, to review and compare each 8 |
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53 | 53 | | voter’s signature with the voter’s signature found in the central voter registration system. If both 9 |
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54 | 54 | | designees agree that the signatures match, the mail ballot shall proceed to be processed, certified, 10 |
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55 | 55 | | and tabulated. In the event that one or both designees find a discrepancy with the voter’s signature, 11 |
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56 | 56 | | the certification envelope shall then be reviewed by a pair of supervising board staff members. If 12 |
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57 | 57 | | the pair of supervising board staff members find that the signatures match, then the mail ballot shall 13 |
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58 | 58 | | proceed to be processed, certified, and tabulated. In the event that one or both supervising board 14 |
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59 | 59 | | staff members find a discrepancy in the voter’s signature, the supervising board staff shall compare 15 |
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60 | 60 | | the signature on the certification envelope to the voter’s ballot application. If the pair of supervising 16 |
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61 | 61 | | board staff members find that those signatures match, then the mail ballot shall proceed to be 17 |
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62 | 62 | | processed, certified, and tabulated. In the event that one or both supervising board staff members 18 |
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63 | 63 | | find a discrepancy in the voter’s signature, the supervising board staff shall compare the signature 19 |
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64 | 64 | | on the certification envelope to the voter’s ballot application. If the pair of supervising board staff 20 |
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65 | 65 | | members find that the signatures match, then the mail ballot shall proceed to be processed, certified, 21 |
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66 | 66 | | and tabulated. In the event that one or both supervising board staff members find a discrepancy in 22 |
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67 | 67 | | the voter’s signature, the certification envelope shall be segregated, and the board will notify the 23 |
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68 | 68 | | voter of the discrepancy, in accordance with regulations and procedures promulgated by the board. 24 |
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69 | 69 | | Any segregated certification envelope that has not been cured or fully addressed by the voter, in 25 |
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70 | 70 | | accordance with the board’s promulgated regulations and procedures, shall be reviewed by the 26 |
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71 | 71 | | board to make a final determination on the signature set forth on the certification envelope. 27 |
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72 | 72 | | (d) [Deleted by P.L. 2015, ch. 259, § 1.] 28 |
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73 | 73 | | (e) The board shall promulgate regulations that allow for challenges to the certification 29 |
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74 | 74 | | process by the interested voter, the voter’s representative, the candidates, and representatives of the 30 |
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75 | 75 | | recognized political parties. Such challenges shall be made to the executive director of the board, 31 |
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76 | 76 | | or the executive director’s designee. The decision of the executive director or designee shall be 32 |
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77 | 77 | | subject to review by the board. 33 |
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78 | 78 | | (f) After processing and certification of the mail ballots, they shall be separated in packages 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC001235 - Page 3 of 4 |
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82 | 82 | | in accordance with their respective cities and towns, in the presence of all interested parties. 1 |
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83 | 83 | | Thereupon, in each instance the board staff shall open the enclosing envelope, and without looking 2 |
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84 | 84 | | at the votes cast on the enclosed ballot, shall remove the ballot from the envelope. The board staff 3 |
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85 | 85 | | shall proceed to tabulate the ballots through the use of a central count optical-scan unit with the 4 |
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86 | 86 | | same effect as if the ballots had been cast by the electors in open town or district meetings. 5 |
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87 | 87 | | (g) When a local election is held at a time other than in conjunction with a statewide 6 |
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88 | 88 | | election, the state board, after the processing and certification of the mail ballots cast in the local 7 |
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89 | 89 | | election, shall package the local ballots to be promptly delivered in sealed packages, bearing upon 8 |
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90 | 90 | | the seals the signatures of the members of the board, to the appropriate local board which shall 9 |
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91 | 91 | | thereupon proceed to count the ballots in the same manner and with the same effect as state mail 10 |
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92 | 92 | | ballots are counted by the state board have the authority to count the ballots in the same manner 11 |
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93 | 93 | | and with the same effect as state mail ballots are counted by the state board in a statewide election. 12 |
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94 | 94 | | Once the ballots are counted, the results shall be transmitted to the local board. 13 |
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95 | 95 | | (h) When a local election is held in New Shoreham at a time other than in conjunction with 14 |
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96 | 96 | | a statewide election, the state board, after the processing and certification of the mail ballots cast 15 |
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97 | 97 | | in the local election, shall have the authority to count the ballots in the same manner and with the 16 |
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98 | 98 | | same effect as state mail ballots are counted by the state board in a statewide election. Once the 17 |
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99 | 99 | | ballots are counted, the results shall be sent via facsimile to the local board in New Shoreham. 18 |
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100 | 100 | | SECTION 2. This act shall take effect upon passage. 19 |
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102 | 102 | | LC001235 |
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104 | 104 | | |
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105 | 105 | | |
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106 | 106 | | LC001235 - Page 4 of 4 |
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107 | 107 | | EXPLANATION |
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108 | 108 | | BY THE LEGISLATIVE COUNCIL |
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109 | 109 | | OF |
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110 | 110 | | A N A C T |
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111 | 111 | | RELATING TO ELECTIONS -- MAIL BALLOTS |
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112 | 112 | | *** |
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113 | 113 | | This act would allow the board of elections to tabulate mail ballots in local special elections 1 |
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114 | 114 | | in the same manner as it tabulates mail ballots in statewide elections. 2 |
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115 | 115 | | This act would take effect upon passage. 3 |
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117 | 117 | | LC001235 |
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