§ 17-19-24. Procedure for voting.
(a) Each person desiring to vote shall provide proof of identification as required by § 17-19-24.2 and state his or her name and residence, including that person’s street address, if he or she has any, to the pair of bi-partisan supervisors, who shall then announce the name and residence in a loud and distinct voice, clear and audible.
(b) A bipartisan pair shall locate the voter’s name on the certified voting list for the voting district. Upon finding the voter’s name on the certified voting list for the district, the voter shall sign their name on the line next to their printed name on the certified voter list, and the bipartisan pair shall initial the certified voter list in the place provided next to the voter’s signature entered on the certified list of voters. The bipartisan pair shall also make a proper notation on the certified voter list that the applicant has voted in the election. If the bipartisan pair cannot locate the voter’s name on the certified voting list for the voting district the bipartisan pair shall direct the voter to the clerk who shall review the certified list for the city or town and determine if the voter is registered to vote and in which voting district they are eligible to vote. The bipartisan pair of supervisors shall provide the voter with the appropriate computer ballot and security sleeve. The warden shall direct the voter to the voting booth which the voter shall use, and unless the voter needs instruction or assistance as provided in this chapter, the voter shall cast his or her vote, and if he or she desires place the voted computer ballot in a security sleeve, and shall 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, and after doing so, shall leave the enclosure at once. No voter shall remain within the voting booth longer than ten (10) minutes, and if the voter refuses to leave after the lapse of ten (10) minutes, the voter shall be removed from the voting booth 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 voting booths shall be permitted within the enclosed space at any time.
(c) 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 over-voted. 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 the 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 the 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 the over-voted ballot, he or she will be advised that all races, other than the over-voted 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 over-voted race.
(d) In the event a voter incorrectly marks a ballot by indicating his or her choices other than in the spaces provided for them, 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 unit ballot slot. The warden will then advise the voter to surrender the 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 the 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 the incorrectly marked ballot, the warden will manually override the appropriate control on the optical scan precinct count unit and allow for the ballot to be accepted.
History of Section.P.L. 1935, ch. 2195, § 16; P.L. 1938, ch. 2640, § 2; G.L. 1938, ch. 318, § 12; P.L. 1940, ch. 818, § 1; impl. am. P.L. 1947, ch. 1886, §§ 36, 39; G.L. 1956, § 17-19-25; G.L. 1956, § 17-19-24; P.L. 1958, ch. 18, § 1; P.L. 1966, ch. 116, § 15; P.L. 1994, ch. 171, § 8; P.L. 1996, ch. 277, § 12; P.L. 1996, ch. 298, § 12; P.L. 2004, ch. 295, § 1; P.L. 2004, ch. 472, § 1; P.L. 2006, ch. 315, § 3; P.L. 2006, ch. 460, § 3; P.L. 2011, ch. 199, § 1; P.L. 2011, ch. 201, § 1.
Structure Rhode Island General Laws
Chapter 17-19 - Conduct of Election and Voting Equipment, and Supplies
Section 17-19-1. - Definitions.
Section 17-19-2. - Voting equipment.
Section 17-19-2.1. - New voting technology.
Section 17-19-3. - Voting equipment and services — Specifications.
Section 17-19-3.1. - Repealed.
Section 17-19-3.2. - Polling place accessibility for voters who are disabled or elderly.
Section 17-19-3.3. - Telephones at polling places.
Section 17-19-3.4. - Repealed.
Section 17-19-3.5 - — 17-19-3.15. Repealed.
Section 17-19-4. - Voting booths and optical scan precinct count units — Number to be furnished.
Section 17-19-4.1. - Repealed.
Section 17-19-4.2. - Moderator request — Computerized voting machines.
Section 17-19-5. - Printing and furnishing of computer ballots.
Section 17-19-6. - Ballot — Arrangement.
Section 17-19-6.1. - Local questions on the ballot.
Section 17-19-7. - Local candidates and questions — Certification — Ballots.
Section 17-19-7.1. - Listing of at-large candidates.
Section 17-19-7.2. - Names of candidates.
Section 17-19-8. - Ballots — Form.
Section 17-19-8.1. - Ballots for voters who are blind, visually impaired, or disabled.
Section 17-19-8.2. - State-of-the-art voting technology.
Section 17-19-9. - Party emblems.
Section 17-19-9.1. - Ballot arrangement — Independent candidates.
Section 17-19-10. - Sample ballots — Contents — Distribution.
Section 17-19-10.1. - Training and community outreach.
Section 17-19-11. - Election return forms — Contents.
Section 17-19-12. - Delivery of election supplies.
Section 17-19-13. - Exhibition of machines for instructional purposes.
Section 17-19-14. - Preparation of voting equipment for election — Testing.
Section 17-19-16. - State election inspectors — Appointment — Duties — Training — Compensation.
Section 17-19-18. - Examination of voting equipment prior to opening of polls.
Section 17-19-19. - Custody of machines during voting.
Section 17-19-20. - Repair or replacement of defective machines.
Section 17-19-21. - Arrangement of polling places — Election officials — Police officers.
Section 17-19-21.1. - Polling place bake sales.
Section 17-19-22. - Party checkers, runners, and watchers.
Section 17-19-22.1. - Bilingual poll workers.
Section 17-19-23. - Wardens and supervisors — Powers and duties.
Section 17-19-23.1. - Certification and appointment of election officials.
Section 17-19-23.2. - Compensation of election officials.
Section 17-19-23.3. - Repealed.
Section 17-19-24. - Procedure for voting.
Section 17-19-24.1. - Provisional voting under the Help America Vote Act of 2002.
Section 17-19-24.2. - Voter identification.
Section 17-19-24.3. - Provisional ballot procedures.
Section 17-19-25. - Certified voting list — Duty of bipartisan supervisor.
Section 17-19-26. - Models for instruction — Assistance to voters in marking their ballot.
Section 17-19-26.1. - Voting assistance.
Section 17-19-27. - Challenge of identity as to right to vote.
Section 17-19-30. - Voters who register by making a mark rather than signature.
Section 17-19-31. - Irregular ballots.
Section 17-19-32. - Recording and signing of returns.
Section 17-19-35. - Guarding optical scan precinct count units until resumption of custody by board.
Section 17-19-36. - Tabulation of town returns — Certificate of election.
Section 17-19-37. - Tabulation of state returns — Certificate of election.
Section 17-19-37.1. - Recount eligibility — Candidates for public office.
Section 17-19-37.2. - Recount eligibility — Write-in candidates for public office.
Section 17-19-37.3. - Recount eligibility — Ballot questions and other offices.
Section 17-19-37.4. - Post-election audits.
Section 17-19-38. - Custody of optical scan precinct count units pending return to storage.
Section 17-19-39. - Power to open voting equipment.
Section 17-19-39.1. - Voted ballot storage and security.
Section 17-19-41. - Violations by public officers.
Section 17-19-42. - Tampering with voting equipment.
Section 17-19-43. - Tampering with sample ballot.
Section 17-19-44. - Officer tampering with voting equipment.
Section 17-19-45. - Fraudulent election returns.
Section 17-19-47. - Improper possession of voting equipment keys or duplicates.
Section 17-19-48. - Posting of original voter registration records.
Section 17-19-49. - Political literature and influence.
Section 17-19-50. - Candidates listing on ballot.
Section 17-19-51. - Priority for elderly voters.
Section 17-19-52. - Priority for disabled voters.
Section 17-19-53. - Voter accompanied by children within voting booth.