(1)  A write-in candidate for election to public office shall be eligible to request a recount of the votes cast in a race:

(a)  If, following the initial manual count of all irregular ballots, the write-in candidate shall have received a minimum of ten (10) votes or one percent (1%) of the votes cast in the race, whichever is greater; provided, however, that if no candidates appear on the ballot in said race and only write-in candidates receive votes, a write-in candidate shall be required to receive at least ten (10) votes in the race; and

(b)  The write-in candidate shall trail the winning candidate by less than the number of votes as may be required to qualify for a recount pursuant to subsection (1) or (2) of §?17-19-37.1, as is applicable.

Terms Used In Rhode Island General Laws 17-19-37.2

  • Candidate: means any individual who has qualified under law to have his or her name appear on the ballot for nomination for election or election to office;

    (2)  "Computer ballot" means the paper ballot prepared by the office of the secretary of state for use in conjunction with the optical-scan precinct-count system or the voting equipment precinct-count system then in place and procured in accordance with this chapter;

    (3)  "Public office" means any state, municipal, school, or district office or other position that is filled by popular election, except political party offices which shall mean any state, city, town, ward, or representative or senatorial district committee office of a political party or delegate to a political party convention, or any similar office;

    (4)  A "Vote" shall be any mark made with the appropriate marking device within the ballot voting area between the head and tail of the arrow or in the oval as indicated on the computer ballot next to the candidate, write-in candidate, or question, as is applicable, for whom the voter casts his or her ballot, except as provided in § 17-20-24;

    (5)  "Voting equipment" means an optical-scan precinct-count voting system or the voting equipment precinct-count system then in place and procured in accordance with this chapter, related memory device, all related hardware and software, accessible voting systems required by federal law, and voting booths;

    (6)  "Warden" includes moderator and vice versa; and

    (7)  "Write-in candidate" means any individual receiving votes or seeking election to office by virtue of having irregular ballots cast for him or her pursuant to § 17-19-31. See Rhode Island General Laws 17-19-1

(2)  A write-in candidate for public office who is eligible to request a recount pursuant to subsection (1) of this section may request a recount of the irregular ballots cast at each precinct by a manual recounting of said ballots. In addition, the state board may, upon its own motion, determine to manually re-feed the computer ballots cast at each precinct in the race into the optical scan voting equipment.

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

History of Section.
P.L. 2004, ch. 264, § 2; P.L. 2004, ch. 483, § 2.