§ 17-7-5 - Powers and duties – Quorum.
SECTION 17-7-5
§ 17-7-5 Powers and duties – Quorum.– (a) The state board shall have those functions, powers, and duties that areprescribed by this title or otherwise pursuant to law. In the exercise of thesefunctions, powers, and duties, but without limitation to them, the board shall:
(1) Exercise general supervision of the administration of theelection law by local boards;
(2) Furnish all binders, forms, cabinets, and other suppliesrequired for the operation of the system of permanent registration of votersthroughout the state, as provided by this title;
(3) Require the correction of voting lists by any local boardwhenever the state board has information or cause to believe that any errorexists in the lists, and shall immediately notify the secretary of state of anycorrections;
(4) Have responsibility for supervising the vendor to theextent that services under the jurisdiction of the state board are performed bythe vendor as prescribed by § 17-19-3.
(5) Prepare, package, and deliver election supplies to thevarious cities and towns for each voting district, except for supplies listedin this title for delivery by the office of the secretary of state;
(6) Appoint, qualify and assign all state inspectors ofelections. The state board of elections shall formulate programs of instructionand shall determine the method and manner of instruction which shall beprovided to the local boards and to the vendor providing training pursuant toany agreement between the state and the vendor for the training of electionofficials. The program of instruction shall include familiarization with theelection laws and duties of various election officials, together with theexercise of sample situations which may be encountered in the process ofvoting, geographical boundaries of the voting district to which the officialmay be assigned, offices and questions which may be on the ballot, and anyother information that the board of elections may deem appropriate. Theavailability of these programs of instruction for local boards shall bepursuant to the procedures, rules and regulations adopted by the board ofelections.
(ii) The board of elections shall also formulate and providean informational pamphlet containing detailed instructions regarding the dutiesof elections officials and the operation of polling places. All informationalpamphlets shall be distributed to the local boards who shall, in turn, see totheir distribution to all election officials prior to any election;
(7) Canvass and tabulate all votes cast at each stateelection; and count, canvass, and tabulate the votes cast by mail voters asprovided in this title;
(8) Select dates for off year and special election primaries,except the dates for any primaries for local elections that require fixing bythe local board pursuant to chapter 15 of this title;
(9) Furnish each elected candidate for all state or nationaloffices a certificate of election;
(10) Furnish the secretary of state with a certifiedstatement of the number of votes cast in each voting district for all state andnational candidates, the votes cast for and against all state questions whichappeared on the ballot, and a certificate of election for each nationalcandidate who is elected in this state, and furnish the governor with acertified list of the general officers elected at each general election;
(11) Hold hearings relating to recounts or other protests ofthe results or conduct of an election;
(12) Maintain any books and records of the votes cast, andpublish any statements and reports, that it may deem to be in the publicinterest;
(13) Arrange and make provisions for the registration ofvoters pursuant to the National Voter Registration Act (NVRA) of 1993, 42U.S.C. § 1973gg et seq. The state board shall formulate programs to assistthose persons or organizations desiring to register voters and shall provide,pursuant to procedures, rules, and regulations it shall adopt, voterregistrations services which may include training sessions, registrationmaterials, manuals and other services for the purpose of registering to voteeligible Rhode Island citizens;
(14) Annually conduct a voter registration drive at eachinstitution of higher education at the level of junior college or above in thestate; and
(15) Establish and maintain an administrative complaintprocedure in accordance with Section 402 of the Help America Vote Act (P.L.107-252) [42 U.S.C. § 15512].
(b) The state board shall also have all of the powers andduties formerly conferred or imposed by existing law upon the division ofelections and the election board, and whenever in any other general law, publiclaw, act, or resolution of the general assembly, or any document, record, orproceeding authorized by the general assembly, the phrase "division ofelections" or "election board" or any other word or words used in reference toor descriptive of the division, board, or any member or employee of thedivision or board, or to their respective activities or appointees, or any ofthem, the word, phrase, or reference shall, unless the context otherwiserequires, 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 any rules,regulations, and directives that it deems necessary to carry out the objectsand purposes of this title not inconsistent with law.
(d) The state board shall also have jurisdiction over allelection matters on appeal from any local board and over any other matterspertinent and necessary to the proper supervision of the election laws.
(e) Four (4) members of the state board shall constitute aquorum.
(f) Notwithstanding the provisions of § 42-35-18(b)(22),all rules and regulations implementing and enforcing the provisions of the HelpAmerica Vote Act of 2002 (P.L. 107-252) [42 U.S.C. § 15301 etseq.] shall be promulgated in accordance with the rule-making provisionscontained in §§ 42-35-1 – 42-35-8.