Rhode Island 2023 Regular Session

Rhode Island House Bill H5186 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 5186
6	6	========
7	7	LC000012
8	8	========
9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO ELECTIONS -- PRIMARY ELECTIONS
16	16	Introduced By: Representatives Corvese, Vella-Wilkinson, Lima, Azzinaro, Phillips, and
17	17	Fellela
18	18	Date Introduced: January 19, 2023
19	19	Referred To: House State Government & Elections
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Chapter 17-15 of the General Laws entitled "Primary Elections" is hereby 1
24	24	amended by adding thereto the following section: 2
25	25	17-15-7.1. Primary general elections. 3
26	26	(a) The election process for all state and municipal offices shall include a preliminary 4
27	27	general primary election to determine which candidates qualify to run in the general election. This 5
28	28	newly created primary general election shall replace the traditional political party primary system 6
29	29	to reduce the field of candidates for public office for the general election. 7
30	30	(b) Whenever an election is necessary, there shall be a primary general election to nominate 8
31	31	two (2) candidates in the general election for every one office to be filled. If there are two (2) 9
32	32	vacancies to be filled in the general election, then the four (4) highest vote getters in the general 10
33	33	primary, shall qualify for placement on the general election ballot. 11
34	34	(c) The order of the qualifying candidates for the general election ballot shall mirror their 12
35	35	primary general election finish, with the highest vote-getter placed first, and so forth. 13
36	36	(d) Each candidate running in the primary general election may have their legally 14
37	37	recognized political party designated on their ballot, as well as any legally recognized party 15
38	38	endorsement, which they may have received. 16
39	39	(e) No qualified general primary candidate for the general election may change their 17
40	40	political designation on the general election ballot. 18
41	41	SECTION 2. Sections 17-1-2, 17-1-3 and 17-1-7 of the General Laws in Chapter 17-1 19
42	42
43	43
44	44	LC000012 - Page 2 of 49
45	45	entitled "General Provisions" are hereby amended to read as follows: 1
46	46	17-1-2. Definitions. 2
47	47	For the purposes this title, except as may otherwise be required by the context: 3
48	48	(1) "Election" means the filling of any public office or the determination of any public 4
49	49	question by vote of the electorate, and includes without limitation any state, town, or city office or 5
50	50	question, and any political party primary election for the nomination of any candidate for public 6
51	51	office; except that it shall not include a financial town meeting or a meeting to elect officers of a 7
52	52	fire, water, or sewer district; 8
53	53	(2) "General election" means an election held on the first Tuesday next after the first 9
54	54	Monday in November in even numbered years for the election of members of the general assembly 10
55	55	and/or for the election of general officers, and/or for the election of presidential electors for 11
56	56	president/vice-president of the United States; 12
57	57	(3) "General officer" means an officer designated as a general officer by chapter 2 of this 13
58	58	title; 14
59	59	(4) "Independent candidate" means a candidate who has no affiliation with any political 15
60	60	party; 16
61	61	(5) "Local board" means a town or city board of canvassers, board of canvassers and 17
62	62	registration, canvassing authority, or any other local board, commission, or officer empowered by 18
63	63	law to have custody of the permanent registration records; 19
64	64	(6) "Local election" means any election limited to the electorate of any city or town, or any 20
65	65	part, at which any city, town, ward, or district officers are to be chosen, or any elective meeting at 21
66	66	which a question is to be submitted to the voters of a city, town, or any subdivision of a city or 22
67	67	town, but it shall not include a financial town meeting; 23
68	68	(7) "Party member" means any person who is a member of a designated political party 24
69	69	pursuant to § 17-9.1-23; 25
70	70	(8) "Party voter" means any qualified voter who is eligible to vote at the primary election 26
71	71	of a political party; 27
72	72	(9) "Political party" or "party" means: (i) any political organization which, at the next 28
73	73	preceding general election for the election of general officers, nominated endorsed a candidate for 29
74	74	governor, and whose candidate for governor at the election polled at least five percent (5%) of the 30
75	75	entire vote cast in the state for governor, or (ii) any political organization which at the next 31
76	76	preceding general election for the election of a president of the United States nominated a candidate 32
77	77	for president and whose candidate for president at the election polled at least five percent (5%) of 33
78	78	the entire vote cast in the state for president, or (iii) any political organization which, on petition 34
79	79
80	80
81	81	LC000012 - Page 3 of 49
82	82	forms provided to the chairperson of the organization by the state board of elections, obtains the 1
83	83	signatures and addresses of that number of registered qualified voters equal to five percent (5%) of 2
84	84	the entire vote cast in the state for governor or president in the immediately preceding general 3
85	85	election. All the signatures must be obtained no earlier than January 1 of the year in which the 4
86	86	political organization desires to place endorse a candidate or candidates on any ballot as a "party" 5
87	87	candidate. If the political organization wishes to select its nominees endorse any of its members in 6
88	88	a primary general election, the petitions, bearing the requisite number of valid signatures, shall be 7
89	89	presented to the appropriate local boards of canvassers no later than June 1 of the same year. If the 8
90	90	petitions are validated by the local boards as containing the requisite number of valid signatures, 9
91	91	the political organization shall be deemed to be a political party for all elections held during the 10
92	92	year and may select its nominees members for endorsement in a primary any election. If the 11
93	93	political organization does not wish to select endorse any of its nominees members in a primary 12
94	94	general election, then the petitions need not be returned to local boards of canvassers until August 13
95	95	1 of the same year. An organization qualifying as a political party through the petition process shall 14
96	96	qualify as a political party only during the year in which signatures are obtained unless the 15
97	97	candidates for governor or president of the United States of the party at a general election held in 16
98	98	the year, shall receive five percent (5%) of the vote as provided in this subdivision for either 17
99	99	governor or president of the United States. If the candidates do not receive five percent (5%) of the 18
100	100	vote, the organization shall no longer qualify as a political party unless and until it shall, in a 19
101	101	subsequent year, once again qualify by the submission of petitions; 20
102	102	(10) "Polling place" means the room in which any election or elective meeting is 21
103	103	conducted; 22
104	104	(11) "Primary general election" means any election to select the candidates of a political 23
105	105	party held to eliminate all state and local candidates on the ballot, in excess of twice the number to 24
106	106	be elected in the general election, excluding the office of the President of the United States; 25
107	107	(12) "Proposition" or "public question" means any question put to a referendum of the 26
108	108	electorate of the entire state or any part of it; 27
109	109	(13) "Qualified voter" means any person who is eligible to vote under the requirements of 28
110	110	age, residence, and citizenship prescribed by the state constitution and who is duly registered to 29
111	111	vote, or who is exempt from registration, pursuant to this title, and who is not otherwise disqualified 30
112	112	as a voter pursuant to law; 31
113	113	(14) "Special election" means any election, other than a local election or primary general 32
114	114	election, which is not held on a regular biennial general election day; 33
115	115	(15) "State board" means the state board of elections constituted pursuant to this title; 34
116	116
117	117
118	118	LC000012 - Page 4 of 49
119	119	(16) "State election" means any election at which any presidential electors, senator or 1
120	120	representatives in congress, general officers of the state, or members of the general assembly are to 2
121	121	be chosen, or at which a public question or an amendment to the Constitution is submitted to the 3
122	122	electors of the state; 4
123	123	(17) "State officer" means the governor, lieutenant governor, secretary of state, attorney 5
124	124	general, general treasurer, state senator, and state representative; 6
125	125	(18) "Vacancy in office" means the condition resulting from any failure to elect or appoint 7
126	126	an eligible and qualified person to public office, or the failure of any person duly elected or 8
127	127	appointed to qualify, or from the death, resignation, or removal of an incumbent prior to the 9
128	128	expiration of his or her term of office and where no fixed term is prescribed upon the death, 10
129	129	resignation, or removal; 11
130	130	(19) "Voting list" means the complete list of all voters prepared from the information 12
131	131	contained in the original permanent registration records in the possession of the local board of 13
132	132	canvassers; 14
133	133	(20) "Warden" includes "moderator" and vice versa; 15
134	134	(21) Words importing the masculine gender shall include the feminine gender. 16
135	135	17-1-3. Eligibility to vote. 17
136	136	Every citizen of the United States who is at least eighteen (18) years of age, whose 18
137	137	residence as defined in § 17-1-3.1 has been in this state for at least thirty (30) days, and in the town 19
138	138	or city and voting district in which that person desires to cast his or her vote at least thirty (30) days 20
139	139	next preceding the election, and who is registered in that city or town and voting district at least 21
140	140	thirty (30) days next preceding any election, shall be entitled to vote in the election; provided, a 22
141	141	person may vote in a primary general election, only if that person is eligible under the provisions 23
142	142	of this title. A person who has not registered to vote, or whose registration has been canceled 24
143	143	pursuant to § 17-10-1, may cast a vote for president and vice-president on election day at his or her 25
144	144	city or town hall or at an alternate location designated by the board of canvassers, and approved by 26
145	145	the board of elections, where such location is deemed necessary to better accommodate such voters. 27
146	146	The casting of that vote shall commence the process of voter registration and subject the person 28
147	147	voting to the requirements and penalties of this chapter. 29
148	148	17-1-7. Uniform deadlines. 30
149	149	Notwithstanding any other time specified for the filing of any paper or the doing of any act 31
150	150	pursuant to this title, a uniform deadline of 4:00 p.m. is established; provided, that applications for 32
151	151	emergency mail ballots must be received by 4:00 p.m. on the day prior to an election or primary 33
152	152	general election. If any filing deadline falls on a Saturday, Sunday, or holiday, the deadline shall 34
153	153
154	154
155	155	LC000012 - Page 5 of 49
156	156	be construed to fall on the next subsequent business day; provided, that this does not apply to 1
157	157	registration to vote thirty (30) days prior to an election or primary general election. 2
158	158	SECTION 3. Section 17-3-7 of the General Laws in Chapter 17-3 entitled "General 3
159	159	Assembly Members" is hereby amended to read as follows: 4
160	160	17-3-7. Nominations at special elections. 5
161	161	For the elections provided for in §§ 17-3-5 and 17-3-6, certificates of nomination and 6
162	162	nomination papers may be filed twenty-eight (28) days prior to the date of those primary general 7
163	163	elections. 8
164	164	SECTION 4. Sections 17-6-2, 17-6-5 and 17-6-6 of the General Laws in Chapter 17-6 9
165	165	entitled "Secretary of State" are hereby amended to read as follows: 10
166	166	17-6-2. Primary elections Primary general elections. 11
167	167	(a) The secretary of state shall, as otherwise provided by this title, prepare, print, and 12
168	168	distribute the following forms relating to primary general elections: 13
169	169	(1) Declaration of candidacy; 14
170	170	(2) Endorsement by party; 15
171	171	(3) Primary general election nomination papers for national and state offices; 16
172	172	(4) Certifications of the list of local candidates where primaries primary general elections 17
173	173	are to be conducted. 18
174	174	(b) The secretary of state shall also receive and file primary general election nomination 19
175	175	papers; and shall consult with the state board with respect to its administration of primary general 20
176	176	elections. 21
177	177	17-6-5. Registration lists available to political parties and candidates. 22
178	178	(a) Upon application in writing, the secretary of state shall, upon request, furnish prepaid 23
179	179	at a reasonable price to be established annually by the secretary and at a reasonable time, to the 24
180	180	state chairperson of each political party and to each person proposing to be a duly qualified 25
181	181	candidate for state or congressional office and to no one else except as provided in this chapter, 26
182	182	lists of registered voters as they appear in the central voter registry of each city or town or of each 27
183	183	senatorial or representative district, or of each congressional district. 28
184	184	(b) These lists, so furnished, shall be used by the chairpersons for political purposes, or by 29
185	185	the candidates only in the furtherance of candidacy for political office in the ensuing primary 30
186	186	general and/or general election and for no other purpose. The information available for each 31
187	187	registrant shall consist only of the name, designation of party affiliation, street address, city or town, 32
188	188	congressional district, senatorial district, representative district, ward, and/or precinct and nothing 33
189	189	else. 34
190	190
191	191
192	192	LC000012 - Page 6 of 49
193	193	(c) The price for these lists shall include update subscriptions as available to the date of the 1
194	194	election for which the lists have been requested. These updates shall reflect changes to the registry 2
195	195	records, including all new and deleted voters as received by the secretary of state. 3
196	196	17-6-6. Oath required as to use of lists. 4
197	197	Every person receiving the registry lists shall take and subscribe to the following oath: 5
198	198	"I understand that the lists requested by me are the property of the state of Rhode Island 6
199	199	and (I affirm that I am the state chairperson of the party); (I proposed to be a duly qualified 7
200	200	candidate in the next following primary general and/or general election); and that I am a person 8
201	201	authorized by § 17-6-5 to receive a copy of the registry lists described; and I further affirm that the 9
202	202	lists will be used only for the purposes prescribed and for no other use and that I will not permit the 10
203	203	use of or copying of the lists by unauthorized persons. 11
204	204	____________________ 12
205	205	Signature of purchaser 13
206	206	Subscribed and sworn to before me at ________, this ________ day of ________, 14
207	207	20________. 15
208	208	_______________________________ 16
209	209	Notary public" 17
210	210	SECTION 5. Sections 17-9.1-5, 17-9.1-16, 17-9.1-23 and 17-9.1-24 of the General Laws 18
211	211	in Chapter 17-9.1 entitled "Registration of Voters" are hereby amended to read as follows: 19
212	212	17-9.1-5. Local registration agents. 20
213	213	(a) The several local boards shall appoint a sufficient number of agents who shall serve 21
214	214	throughout each year for the purpose of receiving registrations of persons residing in the city or 22
215	215	town in which the agent was appointed to act. The agents shall be sworn to the faithful performance 23
216	216	of their duties, shall be subject to removal by the local board, and shall have power to accept 24
217	217	registrations on Sundays and at any other time or place designated by the local board, whether in 25
218	218	or out of the presence of the members of the local board. In addition, all members of the general 26
219	219	assembly shall have the power to accept registration on Sundays and any other day, and the local 27
220	220	boards of canvassers shall provide all registration forms to the general assembly members. 28
221	221	(b) The several local boards or their agents shall additionally hold a special registration 29
222	222	session in any factory, mill, wholesale or retail or other employing establishment, or hospital, home 30
223	223	for aged, or convalescent home within their city or town in the even numbered years on or before 31
224	224	July 5th for the state primary general election, and on or before August 5th for the state election, if 32
225	225	in the case of the primary general election, a request for the special registration session is made 33
226	226	during the months of May or June, and in the case of the election a request for the special 34
227	227
228	228
229	229	LC000012 - Page 7 of 49
230	230	registration is made during the months of June and July, by ten (10) or more voters of the city or 1
231	231	town filing a petition with the local board for the holding of a special registration session in the 2
232	232	factory, mill, wholesale or retail or other employing establishment, or hospital, home for aged, or 3
233	233	convalescent home, signed by them with their names and addresses as they appear on voting lists 4
234	234	of the city or town, and stating that ten (10) or more persons employed in the factory, mill, 5
235	235	wholesale or retail or other employing establishment, or convalescent home desire and are entitled 6
236	236	to be registered in the city or town. The special registration session shall then be held if, at the time 7
237	237	the petition is filed, the local board is in receipt of permission in writing from the tenant, or, if there 8
238	238	is no tenant, from the owner of the factory, mill, wholesale or retail or other employing 9
239	239	establishment, or the operator of the hospital, home for aged, or convalescent home to use their 10
240	240	premises for the purpose of holding the special session. 11
241	241	17-9.1-16. Procedure on change of address -- Fail-safe voting provisions. 12
242	242	(a) Change of address within the same city or town. 13
243	243	(1) A registered voter who has moved from a residence address within a voting district to 14
244	244	another residence address within the same voting district and who has not notified the local board 15
245	245	of the change of residence address thirty (30) days or more prior to the election shall be permitted 16
246	246	to vote at the polling place designated for the voting district or at the local board upon completion 17
247	247	of a written affirmation form which shall record the voter's change of address within the voting 18
248	248	district. The form may be completed by the voter at the polling place designated for the voting 19
249	249	district and thereafter transmitted, after the close of the polls, to the local board or may be completed 20
250	250	at the local board. 21
251	251	(2) Any registered voter who has moved his or her residence from one residence address 22
252	252	to another residence address within the same city or town and who has not notified the local board 23
253	253	of the change of residence address thirty (30) days or more prior to the election shall be permitted 24
254	254	to vote as follows: 25
255	255	(i) A registered voter who has moved from a residence address in one voting district to a 26
256	256	residence address in another voting district within the same city or town thirty (30) days or more 27
257	257	preceding an election shall be permitted to vote a full ballot at the polling place of the new residence 28
258	258	address or at the local board upon completion of an affirmation form which shall record the voter's 29
259	259	change of address. If the form is completed at the polling place, the form shall be forwarded to the 30
260	260	local board after the close of the polls; or 31
261	261	(ii) Any registered voter who has moved less than thirty (30) days preceding an election 32
262	262	from one address to another address within a different voting district within the same city or town 33
263	263	shall be permitted to vote at the polling place of the former address or at the local board and is 34
264	264
265	265
266	266	LC000012 - Page 8 of 49
267	267	entitled to vote the full ballot for the old polling place upon completion of an affirmation form 1
268	268	which shall record the voter's change of address. 2
269	269	(3) Any registered voter to whom a confirmation mailing was sent by either the state board 3
270	270	or a local board, based upon information other than change of address information received from 4
271	271	or through the postal service, shall be placed on the inactive list of voters if the recipient of the 5
272	272	confirmation mailing fails to return the related confirmation card. If the voter continues to reside 6
273	273	in the same city or town and at the residence address currently recorded on the voter's registration 7
274	274	card or at a residence address within the same voting district, the voter shall be permitted to vote at 8
275	275	the polling place for that residence address upon signing an affirmation form. If the voter has moved 9
276	276	to a new residence address within the same city or town but within a different voting district the 10
277	277	registered voter shall be permitted to vote a full ballot at the polling place of the new residence 11
278	278	address or at the local board upon completion of an affirmation form which shall record the voter's 12
279	279	change of address. 13
280	280	(4) Any registered voter to whom a confirmation mailing was sent by either the state board 14
281	281	or a local board, based upon change of address information provided by or through the postal 15
282	282	service, shall not be placed on the inactive list even if the recipient of the confirmation mailing fails 16
283	283	to return the related confirmation card. The registered voter shall be permitted to vote at the polling 17
284	284	place of the new residence address or the local board without the requirement of signing an 18
285	285	affirmation form. If the change of address information provided by or through the postal service 19
286	286	was in error, the registered voter shall be permitted to vote at the polling place of his or her former 20
287	287	address or at the local board upon signing the required affirmation form. 21
288	288	(b) Change of address from one city or town to another city or town. 22
289	289	(1) A voter who has moved his or her residence, as defined in § 17-1-3.1, from the address 23
290	290	at which the voter is registered to another within a different city or town shall be required to register 24
291	291	in the city or town to which the voter has moved; provided, that no person qualified to vote in any 25
292	292	city or town in this state shall lose his or her right to vote in that city or town by reason of his or 26
293	293	her removal to another city or town in this state during the thirty (30) days, less one day, next 27
294	294	preceding an election or primary general election in the former city or town. 28
295	295	(2) That a voter who remains within the state, although he or she fails to register in the city 29
296	296	or town to which the voter has moved within time to vote in the city or town, shall be permitted to 30
297	297	vote by special paper ballot to be provided by the secretary of state upon application for it approved 31
298	298	by the board of canvassers of the voter's former city or town for federal and statewide elected 32
299	299	officials only during the six (6) months, less one day, next preceding an election or primary general 33
300	300	election. 34
301	301
302	302
303	303	LC000012 - Page 9 of 49
304	304	(c) Persons erroneously excluded from certified voting list. Any voter finding that his or 1
305	305	her name is not on the certified voting list of his or her city or town being used at any election may 2
306	306	cast a provisional ballot in accordance with § 17-19-24.1. 3
307	307	17-9.1-23. Party designation. 4
308	308	(a) Whenever any person registers to vote, that person may designate his or her party 5
309	309	affiliation, or that person may designate that he or she is not affiliated with any political party. The 6
310	310	information shall be recorded on a form prescribed by the state board of elections. 7
311	311	(b) Any person who is already registered to vote and wishes to designate his or her party 8
312	312	affiliation may do so by submitting to that person's local board of canvassers a form provided by 9
313	313	the state board designating his or her party affiliation and certifying to the fact on the form furnished 10
314	314	for that purpose. 11
315	315	(c) Whenever any person participates in a party primary, that act shall serve as identifying 12
316	316	the person as being affiliated with the party in whose primary that person has participated and the 13
317	317	local board shall record the affiliation on the appropriate form. For the purposes of this section, 14
318	318	"participating in a party primary" does not include the circulation or signing of nomination papers. 15
319	319	17-9.1-24. Change of designation. 16
320	320	(a) Any person who has designated his or her party affiliation pursuant to § 17-9.1-23 may 17
321	321	change the designation on or before the thirtieth day preceding any primary general election for 18
322	322	which the person is eligible. Whenever any person desires to change his or her party designation, 19
323	323	that person shall submit to the local board of the city or town in which that person has his or her 20
324	324	residence, as defined in § 17-1-3.1, or before the clerk or other duly authorized agent of the board, 21
325	325	and shall change his or her party designation and, after the information has been recorded on the 22
326	326	form furnished for that purpose, the person shall sign his or her name and certify to the truth of the 23
327	327	facts recorded in the appropriate spaces in the form. For the convenience of persons voting at a 24
328	328	primary general election, forms for changing party designation shall be available at all primary 25
329	329	general election polling places. The presence of the forms at the primary general election polling 26
330	330	place shall not be construed to allow a person to change his or her party designation within thirty 27
331	331	(30) days preceding the primary general election. 28
332	332	(b) [Deleted by P.L. 2019, ch. 109, § 1 and P.L. 2019, ch. 141, § 1.] 29
333	333	(c) [Deleted by P.L. 2019, ch. 109, § 1 and P.L. 2019, ch. 141, § 1.] 30
334	334	SECTION 6. Section 17-10-3 of the General Laws in Chapter 17-10 entitled "Canvassing 31
335	335	the Lists of Qualified Electors" is hereby amended to read as follows: 32
336	336	17-10-3. Publication of preliminary lists. 33
337	337	(a) Immediately after the close of registration for each general election and each primary 34
338	338
339	339
340	340	LC000012 - Page 10 of 49
341	341	general election for a general election, the local board shall publish and post a preliminary list of 1
342	342	all persons who appear from the registration cards to be duly registered to vote at the next ensuing 2
343	343	election. The preliminary list for a primary general election shall be subject to the requirements of 3
344	344	chapter 13 of this title. The preliminary list shall contain the names and addresses of registered 4
345	345	voters arranged in the same order as the file of original registration cards. The preliminary list shall 5
346	346	be computer generated from the statewide central voter registry system. The list shall be available 6
347	347	for public inspection at the local board of canvassers, where the list shall be open to examination 7
348	348	at all reasonable times. The local board shall, upon request, furnish without charge and without 8
349	349	unreasonable delay, five (5) copies of the preliminary list to the state, city, or town chairperson of 9
350	350	any political party. 10
351	351	(b) The preliminary list shall be deemed a public record; and any elector of the city or town, 11
352	352	upon request, shall be given a copy of the list upon payment of no more than the actual cost of 12
353	353	reproduction. 13
354	354	(c) The preliminary list shall contain the following language in bold print: 14
355	355	"You must be registered to vote from your actual place of residence." 15
356	356	SECTION 7. Sections 17-12-1, 17-12-2, 17-12-4, 17-12-5, 17-12-6 and 17-12-14 of the 16
357	357	General Laws in Chapter 17-12 entitled "Party Committees and Conventions" are hereby amended 17
358	358	to read as follows: 18
359	359	17-12-1. Selection of state committees. 19
360	360	Party state committees shall be selected in the manner provided by statute or party rule. 20
361	361	Any party may, by a duly enacted party rule, elect to choose the members of its party state 21
362	362	committee pursuant to the provisions of chapter 15 of this title or by any other method agreeable to 22
363	363	the party state committee; provided, that where the method of selecting party state committee now 23
364	364	in force is by caucus, selection shall subsequently be made at a primary election pursuant to the 24
365	365	provisions of chapter 15 of this title continue until another method of selection is adopted by the 25
366	366	party state committee. 26
367	367	17-12-2. Composition and powers of state committees. 27
368	368	The state committee of a political party shall be composed as determined by the party. It 28
369	369	shall have: 29
370	370	(1) General oversight of all conventions of its party; 30
371	371	(2) Power to make rules not inconsistent with law for the guidance and control of all the 31
372	372	political committees of its party; 32
373	373	(3) Power to make a final nomination for any state office for which no primary general 33
374	374	nomination has been made and any local office for which no nomination has been made by any 34
375	375
376	376
377	377	LC000012 - Page 11 of 49
378	378	authorized city, town, ward, or district committee or any duly authorized subcommittee; provided, 1
379	379	that the state committee shall not be permitted, more than twenty-four (24) hours after the deadline 2
380	380	for the filing of declarations of candidacy, to make a nomination for any office upon the failure of 3
381	381	a candidate of that party to file for that public office. Nominations for such office shall be filed in 4
382	382	the same location as the declaration of candidacy for such office pursuant to the requirements of § 5
383	383	17-14-1 of the general laws. Individuals nominated under this section must have been eligible for 6
384	384	the nomination on the dates as required by and pursuant to the requirements of §§ 17-14-1.1, 17-7
385	385	14-2 and 17-14-2.1 of the general laws and must then meet the respective requirements for filing 8
386	386	sufficient nomination papers set forth in chapter 14; and 9
387	387	(4) Power to fill vacancies in its own membership and as provided in chapter 15 of this 10
388	388	title. 11
389	389	17-12-4. Endorsements by state committee. 12
390	390	The state committee or the executive committee or any duly selected subcommittee of the 13
391	391	executive committee acting under delegated authority may, when the town or district committee 14
392	392	has failed or neglected to do so, within twenty-four (24) weekday hours of the failure, endorse and 15
393	393	notify the local board of endorsement, if any, of the local candidates to be voted on in the primary 16
394	394	general election. It shall also notify the secretary of state of the endorsement, if any, of any 17
395	395	candidate to be voted for by the state at large; provided, that the endorsement of any candidate for 18
396	396	representative in congress shall be by the members of the state committee who shall be from that 19
397	397	particular congressional district. It shall also notify the secretary of state of the endorsement, if any, 20
398	398	of any candidate for state senator or state representative. The endorsement shall be filed with the 21
399	399	secretary of state not later than four o'clock (4:00) p.m. on the second day after the final day for 22
400	400	filing declarations of candidacy. In the event the state committee, or the executive committee or 23
401	401	any duly selected subcommittee of the executive committee acting under delegated authority, fails 24
402	402	or neglects to endorse, then all party candidates shall be issued nomination papers without 25
403	403	endorsement. 26
404	404	17-12-5. Acting in other contingencies. 27
405	405	Any other contingency that arises pursuant to the provisions of the statutes with respect to 28
406	406	the election of candidates for state or town office at any general, primary general, or special election 29
407	407	shall be met by the vote of the state committee, or the executive committee, or any duly selected 30
408	408	subcommittee of the executive committee, of a political party, or by the state chairperson of the 31
409	409	political party if so authorized. If any contingency arises under the provisions of the statutes with 32
410	410	respect to the election of candidates for city office at any general, primary general, or special 33
411	411	election, it shall be met by vote of the city committee of a political party or the executive committee 34
412	412
413	413
414	414	LC000012 - Page 12 of 49
415	415	of the city committee or any duly elected subcommittee of the executive committee, or by the city 1
416	416	chairperson of the political party if so authorized. For the purposes of this section, the term 2
417	417	"contingency" means and includes the nonexistence of any required party committee, the failure of 3
418	418	any existing party committee to act, an adjudication that a primary general election is void, and the 4
419	419	death, incapacity, or moving from the jurisdiction of a party's nominee prior to a general or special 5
420	420	election. This section shall apply notwithstanding any provision of chapter 17 of this title to the 6
421	421	contrary. 7
422	422	17-12-6. Election of town and ward committees. 8
423	423	The party voters members of each political party in each ward of each of the cities of the 9
424	424	state shall, biennially, in every even year, at the primary general election held to nominate party 10
425	425	candidates, elect a ward committee for each ward; provided, that the ward committees in the city 11
426	426	of Providence shall be elected quadrennially, and the party voters of each political party in each of 12
427	427	the towns of the state shall, biennially at the primary general election, elect a town committee for 13
428	428	the town. 14
429	429	17-12-14. Election of delegates to national conventions. 15
430	430	The local boards of the several cities and towns of the state are authorized and directed to 16
431	431	furnish for the use of any political party in this state, upon written request of the chairperson of the 17
432	432	state central committee, acting under a resolution of the committee, voting places in which primary 18
433	433	meetings may be held to elect delegates to the national convention of the political party. The boards 19
434	434	shall have the voting places open on the date and during the hours requested by the chairperson of 20
435	435	the committee, so long as that election of delegates is scheduled on the first Tuesday next after the 21
436	436	first Monday of any month, and shall furnish to the officers appointed to act at the primary political 22
437	437	party meetings any paraphernalia, including check lists, that are generally required and used in 23
438	438	elective meetings; provided, that the political party first requesting the use of the voting places on 24
439	439	and for a certain date shall be entitled to the use of them on that date; and if the date is one requested 25
440	440	by some other political party, the other political party, through the chairperson of the committee, 26
441	441	may request another date. In cities a voting place and paraphernalia for voting shall be furnished 27
442	442	and provided for each ward into which the cities may be divided; and in each of the towns of 28
443	443	Burrillville, Cumberland, and Lincoln, at least two (2) voting places and the paraphernalia for 29
444	444	voting, and in every other town at least one voting place and the paraphernalia for voting, shall be 30
445	445	furnished and provided. The local boards shall not be required to provide for the compensation for 31
446	446	services of the officers appointed to act at the primary political party meetings, nor shall anything 32
447	447	contained in this section be held to affect the method of holding elections already provided for by 33
448	448	law. 34
449	449
450	450
451	451	LC000012 - Page 13 of 49
452	452	SECTION 8. Sections 17-13-3 and 17-13-5 of the General Laws in Chapter 17-13 entitled 1
453	453	"Primary Voting Lists" are hereby amended to read as follows: 2
454	454	17-13-3. Procedure in primaries for special elections. 3
455	455	The same procedure and sequence shall be followed in the case of a primary general 4
456	456	election for a special election, but the state board shall fix and publish the various dates and periods 5
457	457	in the sequence. 6
458	458	17-13-5. Lists furnished to parties and candidates. 7
459	459	After the first meeting held to correct and add to the voting lists as required by this chapter, 8
460	460	the local boards shall immediately furnish five (5) complete copies of the printed lists to the town 9
461	461	or city chairperson of each political party. The local boards shall furnish certified copies of the 10
462	462	primary general election lists to any political party or candidate. 11
463	463	SECTION 9. Sections 17-14-1, 17-14-2, 17-14-11, 17-14-12, 17-14-12.1, 17-14-15 and 12
464	464	17-14-17 of the General Laws in Chapter 17-14 entitled "Nomination of Party and Independent 13
465	465	Candidates" are hereby amended to read as follows: 14
466	466	17-14-1. Declarations of candidacy. 15
467	467	During the last consecutive Monday, Tuesday, and Wednesday in June in the even years 16
468	468	and during the thirty-ninth (39th) and fortieth (40th) days preceding a primary general election for 17
469	469	a special election, or for an election regularly scheduled for a time other than the biennial general 18
470	470	statewide election, each voter desiring to be a candidate at the upcoming primary general election 19
471	471	or an independent candidate on final nomination papers shall, on a form that shall be provided by 20
472	472	the secretary of state, file a declaration of his or her candidacy not later than four (4:00) p.m. of the 21
473	473	last day for the filing with the secretary of state for congressional and statewide general offices, or 22
474	474	with the local board of the place of the candidate's voting residence for general assembly, or state 23
475	475	committee or senatorial and representative district committee or with the appropriate local board 24
476	476	for local officers. The declaration shall be signed by the candidate as his or her name appears on 25
477	477	the voting list. The signature shall be accepted as valid if it can be reasonably identified to be the 26
478	478	name and signature of the voter it purports to be. A variation of the voter's signature by the insertion 27
479	479	or omission of identifying titles or by the substitution of initials for the first or middle names of 28
480	480	both shall not in itself be grounds for invalidation of the signature. The declaration shall also include 29
481	481	the following information: 30
482	482	(1) The candidate's name as it appears on the voting list, subject to the same provisions as 31
483	483	relate to the voter's signature on the declaration; 32
484	484	(2) The address as it appears on the voting list, provided that an address which is 33
485	485	substantially the same as the address on the voting list shall be valid; 34
486	486
487	487
488	488	LC000012 - Page 14 of 49
489	489	(3) The party declaration if seeking to run in a party primary as a member of a particular 1
490	490	party; 2
491	491	(4) The office sought; 3
492	492	(5) The place and date of birth; 4
493	493	(6) The length of residence in the state and in the town or city where he or she resides; 5
494	494	(7) A certification that he or she is neither serving a sentence, including probation or parole, 6
495	495	for which he or she was imprisoned upon final conviction of a felony imposed on any date nor 7
496	496	serving any sentence, whether incarcerated or suspended, on probation or parole, upon final 8
497	497	conviction of a felony committed after November 5, 1986; 9
498	498	(8) A certification that he or she has not been lawfully adjudicated to be non compos 10
499	499	mentis, of unsound mind; 11
500	500	(9) In the case of candidates for party nomination, a certification that he or she has not been 12
501	501	a member of a political party other than the declared party within ninety (90) days of the filing date; 13
502	502	and 14
503	503	(10) If a person is a candidate for a state or local office, a certification that the person has 15
504	504	not within the preceding three (3) years served any sentence, incarcerated or suspended, on 16
505	505	probation or parole, for a crime committed after November 5, 1986, upon a plea of nolo contendere 17
506	506	or guilty or upon a conviction of a felony or for a misdemeanor for which a sentence of 18
507	507	imprisonment for six (6) months or more, whether suspended or to be served as imposed. 19
508	508	17-14-2. Candidate required to be a qualified voter in the primary Candidate 20
509	509	required to be a qualified voter in the primary general election. 21
510	510	(a) No person shall be eligible to file a declaration of candidacy, or be eligible to be a 22
511	511	candidate or be eligible to be voted for or to be nominated or elected in a party primary unless the 23
512	512	person, at the time of filing the declaration, is qualified to vote in a the general primary within the 24
513	513	district for the office which he or she seeks. 25
514	514	(b) No person shall be eligible to file a declaration of candidacy, or be eligible to be a 26
515	515	candidate or eligible to be voted for or to be nominated or elected in any party primary or general 27
516	516	election if that person has declared to be a candidate for another elected public office, either state, 28
517	517	local or both. 29
518	518	(c) Notwithstanding any other provision of this section, individuals residing in state senate 30
519	519	districts 1, 2, 3, 4, 5, 6, 7, 8, 14, 15, 16 and 17 may file a declaration of candidacy for state senator 31
520	520	and/or senatorial district committee member for those senate districts for the 2004 election pursuant 32
521	521	to § 17-14-1, provided they were registered to vote in the election for that district on or before June 33
522	522	16, 2004. 34
523	523
524	524
525	525	LC000012 - Page 15 of 49
526	526	17-14-11. Checking and certification of nomination papers -- Challenge. 1
527	527	Each nomination paper for party and independent candidates shall be submitted before four 2
528	528	o'clock (4:00) p.m. on the sixtieth (60th) day before the primary general election to the local board 3
529	529	of the city or town where the signers appear to be voters or, in the case of special elections, on the 4
530	530	twenty-eighth (28th) day before the primary general election. Nomination papers for independent 5
531	531	presidential candidates and presidential candidates of political parties, other than those defined in 6
532	532	§ 17-1-2(9), shall be filed not later than sixty (60) days prior to the general election. Each local 7
533	533	board shall immediately proceed to check signatures on each nomination paper filed with it against 8
534	534	the voting list as last canvassed or published according to law. The local boards shall certify a 9
535	535	sufficient number of names appearing on the nomination papers that are in conformity with the 10
536	536	requirements of § 17-14-8 to qualify the candidate for a position on the ballot, and after considering 11
537	537	any challenge under this section and, if necessary, certifying any additional valid names, shall 12
538	538	immediately file nomination papers for statewide office, general assembly, and state and district 13
539	539	committee candidates with the secretary of state; provided, that nomination papers for local 14
540	540	candidates shall be retained by the local board. If any candidate or the chairperson of any party 15
541	541	committee questions the validity or authenticity of any signature on the nomination paper, the local 16
542	542	board shall immediately and summarily decide the question, and for this purpose, shall have the 17
543	543	same powers as are conferred upon the board by the provisions of § 17-14-14. If any challenged 18
544	544	signature is found to be invalid, for any reason in law, or forged, then the signature shall not be 19
545	545	counted. 20
546	546	17-14-12. Filing of nomination papers. 21
547	547	All nomination papers for state offices or officers and all certified lists of candidates for 22
548	548	local offices or officers shall be filed in the office of the secretary of state (the certified lists by the 23
549	549	respective local boards), not later than fifty-four (54) days before the date of the primary general 24
550	550	election held to nominate candidates for general election; but when there is a primary general 25
551	551	election to nominate candidates for any office mentioned in § 17-15-7 to be voted upon at a special 26
552	552	election, all nomination papers and lists of local candidates shall be filed in the office on or before 27
553	553	the twenty-sixth (26th) day preceding the day of the special primary general election. Nomination 28
554	554	papers for independent presidential candidates and presidential candidates of political parties other 29
555	555	than those defined in § 17-1-2(9) shall be filed in the office of the secretary of state by the local 30
556	556	boards of canvassers not later than fifty-four (54) days before the date of the election. 31
557	557	17-14-12.1. Certification by local boards. 32
558	558	All certified lists of candidates for primary general, regular, and special elections, as well 33
559	559	as all local questions to be voted on at these elections shall be in final form when certified to the 34
560	560
561	561
562	562	LC000012 - Page 16 of 49
563	563	secretary of state by the local boards. In all instances where there needs to be a reprinting, remailing, 1
564	564	or other procedure pertaining to the ballots for a community, except as provided in § 17-14-17, the 2
565	565	cost of the reprinting, remailing, or other procedure shall be borne by the local community. 3
566	566	17-14-15. Withdrawal of candidacy. 4
567	567	A person nominated as a candidate to be voted for at a primary general election or an 5
568	568	independent candidate may withdraw his or her name from the nomination prior to the date of 6
569	569	primary general election by a request signed and duly acknowledged by him or her setting forth the 7
570	570	reason for the withdrawal, that the withdrawal is the candidate's own free act and deed, and that it 8
571	571	is not executed as the result of any threat or promise made to the candidate. The certificate of 9
572	572	withdrawal shall be filed in the office where the nomination papers were filed within the time 10
573	573	prescribed by § 17-14-13 for filing objections to nomination papers; provided, that if an objection 11
574	574	has been filed, the certificate need not be filed until twenty-four (24) hours following the decision 12
575	575	of the state board, or of the local board, relative to the objection. 13
576	576	17-14-17. Replacement of deceased endorsed candidate. 14
577	577	When an endorsed nominee as a candidate to be voted upon at any primary general election 15
578	578	has deceased prior to the holding of the primary general election, the committee having the original 16
579	579	authority to endorse the candidate shall substitute as the endorsed nominee for candidate to be voted 17
580	580	upon at the primary general election any person qualified to vote at the primary general election in 18
581	581	the place and stead of the deceased nominee; provided, that immediately upon receipt of actual 19
582	582	knowledge of the death of the endorsed nominee by the committee having the original authority to 20
583	583	endorse the candidate, the committee shall make the substitution referred to in this section. The 21
584	584	chairperson of the committee shall, immediately upon the substitution, notify the secretary of state 22
585	585	in writing of the death of the endorsed nominee and of the substitution of a nominee as provided in 23
586	586	this section. Any substituted nominee shall have been eligible for nomination on the dates as 24
587	587	required by and pursuant to the requirements of §§ 17-14-1, 17-14-1.1, 17-14-2, and 17-14-2.1. 25
588	588	Upon receipt of the notice, the secretary of state shall thereupon substitute on the ballots the name 26
589	589	of the endorsed nominee who replaces the deceased endorsed nominee as provided in this section; 27
590	590	provided, that the written notice is received by the secretary of state at least fourteen (14) days prior 28
591	591	to the date of the primary. 29
592	592	SECTION 10. Sections 17-15-1, 17-15-2, 17-15-3, 17-15-4, 17-15-7, 17-15-9, 17-15-11, 30
593	593	17-15-12, 17-15-13, 17-15-14, 17-15-15, 17-15-16, 17-15-17, 17-15-18, 17-15-19, 17-15-20, 17-31
594	594	15-21, 17-15-27, 17-15-29, 17-15-30, 17-15-31, 17-15-33, 17-15-34, 17-15-35, 17-15-38 and 17-32
595	595	15-39 of the General Laws in Chapter 17-15 entitled "Primary Elections" are hereby amended to 33
596	596	read as follows: 34
597	597
598	598
599	599	LC000012 - Page 17 of 49
600	600	17-15-1. Date of primaries Date of primary general elections. 1
601	601	A primary general election for the nomination of candidates for each political party shall 2
602	602	be held in each voting district in the manner provided in this chapter on the eighth Tuesday 3
603	603	preceding biennial state elections. 4
604	604	17-15-2. Regular primary date falling on religious holiday Regular primary general 5
605	605	election date falling on religious holiday. 6
606	606	In the event that the date for the holding of any primary general election preceding any 7
607	607	general state or municipal election as provided in this chapter falls upon the day of a religious 8
608	608	holiday, the primary general election shall be held upon the next business day, other than Saturday, 9
609	609	then following; provided, that nothing contained in this section shall be deemed to invalidate a 10
610	610	primary general election once held. 11
611	611	17-15-3. Special election primaries. 12
612	612	Party primary Primary general elections shall also be held for the purpose of nominating 13
613	613	candidates for an office or offices to be elected at any special election. In the event of a special 14
614	614	election, the state board shall fix the date or dates on which the various party primary general 15
615	615	elections shall be held; provided, that all the party primary general elections shall have been held 16
616	616	by the thirtieth (30th) day preceding the date fixed for the special election; and provided, further, 17
617	617	that the date or dates fixed by the state board shall not be a religious holiday and shall be held on 18
618	618	the first Tuesday next after the first Monday of any month. 19
619	619	17-15-4. Municipal primaries other than at time of general primaries Municipal 20
620	620	primary general elections other than at time of primary general elections. 21
621	621	In those cities and towns that now by law hold elections for city or town officers on a day 22
622	622	other than the Tuesday after the first Monday in November biennially in each even year, a primary 23
623	623	general election for the nomination of the city or town officials shall be held and the local board 24
624	624	shall fix the date of the election; provided, that the primary general election shall have been held 25
625	625	by the thirtieth (30th) day preceding the date fixed for the election; and provided, further, that the 26
626	626	date fixed by the local board shall not be a religious holiday and shall be held on the first Tuesday 27
627	627	next after the first Monday of any month. 28
628	628	17-15-7. Candidates nominated at primaries Candidates nominated at primary 29
629	629	general elections. 30
630	630	(a) At the primary general elections, candidates shall be nominated for the following 31
631	631	offices, if the offices are to be filled at the succeeding election: 32
632	632	(1) Senators in the congress of the United States. 33
633	633	(2) Representatives in the congress of the United States. 34
634	634
635	635
636	636	LC000012 - Page 18 of 49
637	637	(3) General officers of the state. 1
638	638	(4) Senators in the general assembly from the respective senatorial districts. 2
639	639	(5) Representatives in the general assembly from the respective representative districts. 3
640	640	(6) Mayors for the respective cities. 4
641	641	(7) Members of the city or town councils from the respective towns, wards, and districts. 5
642	642	(8) All other city or town officials previously nominated by party caucus, convention, or 6
643	643	party committees, whose offices are to be filled at the regular or special election next succeeding 7
644	644	the primary general election, with the exception of candidates for presidential elector who shall be 8
645	645	selected as provided in this title. 9
646	646	(b) At the primary elections the The members of ward, town, and district committees of 10
647	647	the respective political parties shall be elected, in accordance with the respective rules and bylaws. 11
648	648	17-15-9. Slate voting. 12
649	649	In a primary general election no ballot shall be provided whereby a voter may by one mark 13
650	650	vote for a slate of candidates. 14
651	651	17-15-11. Dispensation with primary when no contest Dispensation with primary 15
652	652	general election when no contest. 16
653	653	Whenever there is no contest within any voting district for the officers to be nominated or 17
654	654	elected by a particular political party for any election, no primary general election shall be held in 18
655	655	that voting district and the secretary of state for state offices or the local boards for local offices 19
656	656	shall declare those persons elected in the case of party committee members or delegates or 20
657	657	nominated as candidates of a particular party for the office, and their names shall not be printed on 21
658	658	the primary general ballot but shall be printed on the ballot for the primary general election for 22
659	659	which the nominations are made; provided, that the party committee members' names and the 23
660	660	names of the delegates to the state convention of the respective party shall not be put on the election 24
661	661	ballot. 25
662	662	17-15-12. Ballot when contest exists. 26
663	663	Whenever there is a contest within any voting district, a primary general election shall be 27
664	664	held in the voting district and the names of all candidates for state office and the names of only 28
665	665	those candidates for local office that are contesting a particular local office or offices shall appear 29
666	666	on the ballots. 30
667	667	17-15-13. Voting places -- Primary officials -- Party officials -- Appointment Voting 31
668	668	places -- Primary general election officials -- Party officials -- Appointment. 32
669	669	(a) From lists submitted to it by the chairperson of the state committees of each party, the 33
670	670	board shall appoint and issue commissions to a sufficient number of qualified electors of this state 34
671	671
672	672
673	673	LC000012 - Page 19 of 49
674	674	to be primary general election inspectors so that one inspector may be assigned for each party to 1
675	675	each primary polling place to work with the other primary general election officials of his or her 2
676	676	party. The local board shall, at least fifty (50) days prior to the primary, select the place or places 3
677	677	designated by it for holding the primary general election provided for by this chapter. The local 4
678	678	board shall, at least thirty-five (35) days before any primary general election, appoint for each 5
679	679	polling place within its city or town a primary general warden or moderator and a primary general 6
680	680	clerk in the following manner: 7
681	681	(1) If there are primary general election contests with candidates from in both major 8
682	682	political parties, the warden and clerk shall be appointed as provided in § 17-11-11; 9
683	683	(2) If there is a primary general election contest in only one of the major political parties 10
684	684	without candidates from both major political parties, the warden and the clerk shall be selected 11
685	685	from a list submitted by the local committee of the party in which the contest exists. 12
686	686	(b) The local board shall also appoint at least thirty-five days (35) before any primary 13
687	687	general election, from lists submitted at least forty-five (45) days prior to the date set for the holding 14
688	688	of the primaries, four (4) supervisors, in the following manner: (1) if there are primary general 15
689	689	election contests in both major political parties, one supervisor shall be appointed for each party in 16
690	690	the manner provided in § 17-11-11 and two (2) supervisors, one for each party, shall be appointed 17
691	691	from lists submitted by a majority of the respective party candidates, other than those endorsed by 18
692	692	the party committee; (2) if there is no primary general election contest in one of the major political 19
693	693	parties, two (2) supervisors shall be appointed from a list submitted by the local committee in which 20
694	694	the contest exists, and two (2) supervisors shall be appointed from a list or lists submitted by a 21
695	695	majority of the party candidates, other than those endorsed by the party committee. The local board 22
696	696	may appoint any additional pairs of supervisors that it may deem necessary in the same manner 23
697	697	provided in this subsection and shall do so when directed by the state board. 24
698	698	(c) The local board shall also appoint for each party one watcher, two (2) checkers, and the 25
699	699	number of runners, not to exceed three (3), that the appropriate party chairperson may deem 26
700	700	necessary, which watcher, checkers, and runners shall be designated as party officials. These party 27
701	701	officials shall be appointed from lists of qualified electors who are qualified to vote at the respective 28
702	702	party primaries primary general elections which lists shall be furnished as provided in subsection 29
703	703	(b) of this section to the local board at least ten (10) days prior to the date set for the holding of the 30
704	704	primary general election. If the party candidates or a majority of them, other than those endorsed 31
705	705	by the party committee, notify the local board in writing of their choices at least ten (10) days prior 32
706	706	to the date set for the holding of the primaries primary general elections, the local board shall 33
707	707	likewise appoint one watcher, two (2) checkers, and the number of runners that it shall have 34
708	708
709	709
710	710	LC000012 - Page 20 of 49
711	711	appointed at the request of the party chairperson, to act for them collectively. The local board shall 1
712	712	give them certificates as party officials. 2
713	713	17-15-14. Qualifications of primary officials -- Affidavit Qualifications of primary 3
714	714	general election officials -- Affidavit. 4
715	715	(a) Each warden or moderator and each primary general election supervisor appointed 5
716	716	under the provisions of §§ 17-15-13 and 17-15-16 shall be able to read the Constitution of the state 6
717	717	in the English language, and to write his or her name, and shall, whenever possible, be a voter of 7
718	718	the senatorial district, representative district, or town, ward, or voting district from which he or she 8
719	719	is appointed. 9
720	720	(b) No person shall be appointed to serve as a primary general election official who has 10
721	721	been convicted, found guilty, pleaded guilty or nolo contendere, or placed on a deferred or 11
722	722	suspended sentence or on probation for any crime that involved moral turpitude or a violation of 12
723	723	any of the election, or caucus, or primary laws of this or any other state. 13
724	724	(c) No person serving as a primary general election official may serve in such capacity in 14
725	725	the city or town in which they are a municipal employee. 15
726	726	(d) No person who is seeking nomination or election at any primary general election shall 16
727	727	act as a primary official at that primary general election. 17
728	728	(e) Every primary general election official shall make an affidavit before the proper local 18
729	729	board or some member of the board to the effect that the official is not disqualified by reason of 19
730	730	the provisions of this section. 20
731	731	17-15-15. Powers and duties of primary officials -- Compensation Powers and duties 21
732	732	of primary general election officials -- Compensation. 22
733	733	Primary general election wardens, moderators, clerks, and supervisors shall have the same 23
734	734	powers and duties in the conduct of primary general elections as are conferred and imposed by law 24
735	735	upon general election officials, and they shall receive the same compensation as general election 25
736	736	officials. 26
737	737	17-15-16. Vacancies among primary officials Vacancies among primary general 27
738	738	election officials. 28
739	739	Vacancies occurring among primary general election officials shall be immediately filled 29
740	740	by the local boards in the same manner as provided for general elections as qualified by § 17-15-30
741	741	13; provided, that in the event there are no lists available, the local board shall appoint some person 31
742	742	or persons to fill the vacancy from the list of registered voters. 32
743	743	17-15-17. Notice of primaries Notice of primary general elections. 33
744	744	At least eight (8) days before the time of holding any primary general election, the local 34
745	745
746	746
747	747	LC000012 - Page 21 of 49
748	748	board shall cause notice of the primary general election to be posted in at least one public place in 1
749	749	each voting district of any city, and in at least one public place in each voting district of a town. 2
750	750	The notice shall state the time when, and the place where, the primary general election is to be held 3
751	751	in each city, town or voting district, and the offices for which candidates are to be nominated; 4
752	752	provided, that the local boards may, at their discretion, substitute notification by publication in a 5
753	753	newspaper having local circulation for notification by posting in public places. 6
754	754	17-15-18. Apportionment of voting booths and optical scan precinct count units. 7
755	755	(a) The apportionment of voting booths for the primary general election of each political 8
756	756	party shall, as far as possible, be on the same basis as for general elections, except that the 9
757	757	determination shall be made with reference to the average number of votes received by the 10
758	758	candidates of each party at the preceding general election. 11
759	759	(b) Unless otherwise prescribed by the board of elections, one optical scan precinct count 12
760	760	unit shall be programmed and provided for each voting district. In no event shall there be less than 13
761	761	one optical scan precinct count unit for each voting district. 14
762	762	17-15-19. Arrangement and paraphernalia at voting places. 15
763	763	The primary general election voting places shall be equipped by the local boards with the 16
764	764	paraphernalia necessary for conducting elections and, except as otherwise specifically provided in 17
765	765	chapters 12 -- 15 of this title, the voting places shall be arranged wherever practicable in the manner 18
766	766	provided in chapter 19 of this title. 19
767	767	17-15-20. Primaries conducted in same manner as general elections Primary general 20
768	768	elections conducted in same manner as general elections. 21
769	769	Except as otherwise provided in this chapter, primary general elections shall be conducted 22
770	770	as nearly as may be in the manner provided in chapter 19 of this title for the conducting of general 23
771	771	elections, except that the voting in each party shall be cast on separate computer ballots. 24
772	772	17-15-21. Identification of party voters. 25
773	773	Before permitting any person to vote in a primary general election, the warden or clerk and 26
774	774	bipartisan pair of supervisors assigned by the warden shall ascertain from the voting record 27
775	775	appearing on the certified voting list that the voter is not disqualified to vote by the provisions of § 28
776	776	17-15-24. The bipartisan pair of supervisors shall provide the voter with the corresponding 29
777	777	computer ballot for the primary general election in which the voter is eligible and desiring to vote. 30
778	778	The warden shall take any steps that may be necessary to assure that each voter is given the 31
779	779	computer ballot upon which the voter is eligible to vote. 32
780	780	17-15-27. Impartiality of officials -- Sound equipment. 33
781	781	The primary general election officials shall treat all candidates with absolute impartiality. 34
782	782
783	783
784	784	LC000012 - Page 22 of 49
785	785	No sound equipment advocating the election or defeat of any candidate or the approval or 1
786	786	disapproval of any referenda shall be allowed within five hundred (500) feet of any polling place. 2
787	787	17-15-29. Number of votes required to nominate or elect. 3
788	788	In determining the nomination or election of a candidate at a primary general election, the 4
789	789	person receiving the largest number of votes, although less than a majority of all the votes cast for 5
790	790	the candidates for a particular office, shall be declared nominated or elected a candidate for the 6
791	791	general or special election. Where there is more than one person to be elected to a particular office 7
792	792	or place, those persons equaling that number of officers to be elected to the office or place receiving 8
793	793	the largest number of votes, although less than a majority of all the votes cast for all the candidates 9
794	794	for the office or place, shall be declared nominated or elected a candidate for the general or special 10
795	795	election, as the case may be, unless otherwise provided by existing law. 11
796	796	17-15-30. Tabulation of local returns -- Certificate of nomination or election. 12
797	797	(a) The local board shall meet on the day following the primary general election and shall 13
798	798	tabulate the city or town primary general returns, as the case may be, and announce the results, but 14
799	799	shall issue no certificates of nomination or election to party office of eligibility for the general or 15
800	800	special election until the expiration of the period in which a recount may be requested as provided 16
801	801	in § 17-15-34, and if a request has been filed, the result shall be finally determined by the local 17
802	802	board. Following the expiration of this period and the final determination by the local board, if any 18
803	803	request for a recount is made, the local board shall issue certificates of nomination or election to 19
804	804	party offices to the candidates so nominated or elected. 20
805	805	(b) When a local election is held in conjunction with a statewide election, the state board 21
806	806	shall tabulate local mail ballots and immediately forward the results to the appropriate local board; 22
807	807	when a local election is not held in conjunction with a statewide election, the local board shall 23
808	808	tabulate their local mail ballots. 24
809	809	17-15-31. Tabulation of state returns -- Certificates of nomination or election. 25
810	810	The state board shall proceed to tabulate the state primary general election returns and 26
811	811	announce the results, but shall issue no certificates of nomination until the expiration of the period 27
812	812	in which a recount may be requested as provided in § 17-15-34 has expired and, if a request has 28
813	813	been filed, until the result has been finally determined by the state board. Following the expiration 29
814	814	of this period and the final determination by the state board, if any request for a recount is made, 30
815	815	the board shall issue certificates of nomination or election to the candidates so nominated or elected. 31
816	816	17-15-33. Tie vote. 32
817	817	If there is a failure to make a nomination or to elect a candidate to party office at any 33
818	818	primary by reason of a tie vote, the vacancy, if in respect to an office to be filled by the voters of 34
819	819
820	820
821	821	LC000012 - Page 23 of 49
822	822	more than one city or town, shall be filled by the executive committee of the state committee of the 1
823	823	respective party, except in the case of a senatorial or representative committee the vacancy shall be 2
824	824	filled by the members of the senatorial or representative district committee, as the case may be, and 3
825	825	if in respect to an office other than a senatorial or representative district committee to be filled by 4
826	826	the voters of no more than one city or town, or a portion of a city or town, the vacancy shall be 5
827	827	filled by the city or town committee of the respective political party. The vacancy shall be filled 6
828	828	only by the choice of one of the candidates receiving the tie vote. The name of the candidate chosen 7
829	829	by the appropriate party committee shall be officially certified to the state board or local board, as 8
830	830	the case may be. If there is a tie vote between the second and third candidates that follow the highest 9
831	831	vote getter, then all three (3) of those highest vote getters in the primary general election shall 10
832	832	qualify for the general or special election. 11
833	833	17-15-34. Recount petition or other protest. 12
834	834	Any candidate whose name was on the primary general election ballot may file with the 13
835	835	state board a request for the recounting of the votes cast, or other protest concerning the primary 14
836	836	general election, provided he or she files the request or protest no later than four o'clock (4:00) p.m. 15
837	837	on the day following the primary general election. The request or protest shall contain the 16
838	838	candidate's reason for making the request or protest. Nothing in this chapter shall be construed to 17
839	839	prevent the state board, acting on its own motion, from ordering a recount or taking appropriate 18
840	840	action in response to any error, irregularity, or impropriety in the conduct of any facet of the primary 19
841	841	general election which comes to its attention at any time prior to the certification of the results of 20
842	842	the primary general election. 21
843	843	17-15-35. Hearing on recount or protest -- Notice -- Declaration of nomination or 22
844	844	election. 23
845	845	(a) Immediately upon the filing of a protest or request, the state board shall cause notice in 24
846	846	writing to be served in any manner that it directs, at the expense of the petitioner, upon all other 25
847	847	candidates of the same political party for the same office receiving votes at the primary general 26
848	848	election, and shall give notice in some public newspaper of general circulation in the voting district 27
849	849	or districts where the primary general election took place of the making of the request or protest 28
850	850	and the time and place of the hearing, which time shall be not less than one nor more than three (3) 29
851	851	weekdays after the publication of the notice. At the hearing all candidates who may be affected by 30
852	852	a recount may be heard in person or by their representative. The hearing and the examination of the 31
853	853	voting equipment or the recounting of the ballots, as the case may be, as may be necessary, shall 32
854	854	be conducted in a summary and expeditious manner, but the result of the voting as determined by 33
855	855	the state board shall not be altered or changed by the board except upon satisfactory proof of its 34
856	856
857	857
858	858	LC000012 - Page 24 of 49
859	859	incorrectness. Following the hearing, the state board shall declare what person, if any, was lawfully 1
860	860	nominated or elected, and shall issue or direct the local board to issue a certificate of the nomination 2
861	861	or election to that person. 3
862	862	(b) Recounts shall be conducted in the manner set forth in chapter 19 of this title. 4
863	863	17-15-38. Vacancies among nominees Vacancies among primary general election 5
864	864	nominees. 6
865	865	(a) Whenever the nominee of a party one of the top two (2) vote getters for a particular 7
866	866	office dies after the primary general election, or removes him or herself from the jurisdiction of or 8
867	867	as a candidate for the office for which the nominee seeks election, or becomes physically or 9
868	868	mentally disabled, then the third highest vote getter shall qualify for the general or special election. 10
869	869	the state committee of that party or a duly authorized subcommittee of the state committee in the 11
870	870	case of state officers, and the appropriate city, town, ward, or district committee or any duly 12
871	871	authorized subcommittee of them in the case of candidates for the other offices covered by § 17-13
872	872	15-7, may file with the appropriate authority the name of its nominee for the office; provided, that 14
873	873	except in the case of death, the appropriate committee shall file the name with the appropriate 15
874	874	authority no later than four o'clock (4:00) p.m. of the third (3rd) day following the last day for the 16
875	875	holding of the party primaries; and provided, further, that any appointed nominee shall have been 17
876	876	eligible for the nomination on the dates as required by and pursuant to the requirements of §§ 17-18
877	877	14-1.1, 17-14-2, and 17-14-2.1. The person so named shall be the nominee of the party for the 19
878	878	office, and if in case of the death of a nominee time will permit, the secretary of state shall place 20
879	879	the name of the nominee upon the election ballot. When the withdrawal or death occurs after the 21
880	880	third (3rd) day after the last day for holding primaries primary general elections, the secretary of 22
881	881	state shall not be required to remove from any computer ballot or mail ballot which has already 23
882	882	been printed the name of any person who is no longer the nominee of a party for a particular office 24
883	883	as provided in this subsection, and any votes cast in any election for that person shall not be counted. 25
884	884	(b) The provisions of this section shall not be construed to permit the state committee of 26
885	885	the party, or a duly authorized subcommittee of the state committee in the case of state officers, or 27
886	886	the appropriate city, town, ward, or district committee or any duly authorized subcommittee of 28
887	887	them in the case of candidates for the other offices covered by § 17-15-7, to file the name of a 29
888	888	nominee for a vacant office if the vacancy is the result of the failure of candidate(s) of the party to 30
889	889	qualify for the public office through the timely filing of sufficient nomination papers. 31
890	890	17-15-39. Preservation of primary records Preservation of primary general election 32
891	891	records. 33
892	892	All declarations of candidacy, nomination papers, and all requests for withdrawal of names 34
893	893
894	894
895	895	LC000012 - Page 25 of 49
896	896	of candidates, whether before or after the holding of a primary general election, when filed, and all 1
897	897	protests and requests for recounts, shall be open, under proper regulation, to public inspection, and 2
898	898	the state board shall preserve these records in its office not less than twenty-six (26) calendar 3
899	899	months from the date of filing. 4
900	900	SECTION 11. Section 17-18-15 of the General Laws in Chapter 17-18 entitled "Elective 5
901	901	Meetings" is hereby amended to read as follows: 6
902	902	17-18-15. Closing of schools. 7
903	903	At each general election as defined in § 17-1-2(2) and statewide primary general election 8
904	904	as defined in § 17-15-1, all public elementary and secondary schools throughout the state shall not 9
905	905	be in session. On the day of the general election and statewide primary general election, the use of 10
906	906	school buildings or premises shall be restricted to use only as polling places for election purposes. 11
907	907	Notwithstanding the previous provisions, school staff development days may be held. Provided 12
908	908	further, that the provisions of this section shall not be applicable to the Block Island School, located 13
909	909	in the town of New Shoreham, and the use of the Block Island School shall not be restricted, nor 14
910	910	shall classes need to be cancelled or postponed at said school, on the day of general elections and 15
911	911	statewide primaries. 16
912	912	SECTION 12. Sections 17-19-7, 17-19-7.1, 17-19-11, 17-19-24.2, 17-19-31, 17-19-32, 17-17
913	913	19-42, 17-19-44, 17-19-45 and 17-19-49 of the General Laws in Chapter 17-19 entitled "Conduct 18
914	914	of Election and Voting Equipment, and Supplies" are hereby amended to read as follows: 19
915	915	17-19-7. Local candidates and questions -- Certification -- Ballots. 20
916	916	The local board of each city or town shall certify to the secretary of state, not later than 21
917	917	four o'clock (4:00) p.m. of the third (3rd) day following the last day for the holding of the primary 22
918	918	general election held pursuant to the provisions of chapter 15 of this title, preceding any regular 23
919	919	city or town election to be held on the Tuesday next after the first Monday in November in any 24
920	920	year, or not later than twenty-nine (29) days before any regular city or town election held at any 25
921	921	time other than on the Tuesday next after the first Monday in November in any year, or not later 26
922	922	than twenty-nine (29) days before any special city or town election, the offices to be voted for at 27
923	923	the election, the names of the candidates for each office and the party name under which the 28
924	924	respective candidates were nominated, and any other information necessary to enable the secretary 29
925	925	of state to prepare ballots uniform in size, type, color, and appearance with those prepared by the 30
926	926	secretary for the state election, and in like manner the local board shall certify to the secretary of 31
927	927	state, not later than four o'clock (4:00) p.m. on the ninetieth (90th) day preceding any regular city 32
928	928	or town election to be held on the Tuesday next after the first Monday in November in any year, or 33
929	929	not later than fifty (50) days before any regular city or town election held at any time other than on 34
930	930
931	931
932	932	LC000012 - Page 26 of 49
933	933	the Tuesday next after the first Monday in November in any year, or not later than fifty (50) days 1
934	934	before any special city or town election, a copy of each question to be submitted to the electors of 2
935	935	the city or town so that suitable ballots may be prepared and furnished for the election. 3
936	936	17-19-7.1. Listing of at-large candidates. 4
937	937	(a) In case of a vote for members of the council or school committee of any city or town, 5
938	938	in which the office or offices to be filled are to be elected on an at-large basis, and whether the 6
939	939	election is a partisan, nonpartisan, primary general, general, or special election, the names for the 7
940	940	office or offices shall be listed on the ballot in such fashion that no more than one name for an 8
941	941	office shall be displayed on the same horizontal line; provided, that candidates for nonpartisan 9
942	942	election in the cities of Newport, Pawtucket, North Providence, and Woonsocket, and candidates 10
943	943	for partisan election in the town of North Providence, may be listed on the same horizontal line. 11
944	944	(b) In no event shall the voting equipment be prepared to prevent further voting for an 12
945	945	office or officer until the elector has cast as many votes as there are separate offices to be filled. 13
946	946	17-19-11. Election return forms -- Contents. 14
947	947	(a) The state board shall prepare and furnish, for each voting place at which machines are 15
948	948	to be used, suitable forms on which the following information may be recorded for each machine 16
949	949	in use: 17
950	950	(1) The optical scan precinct count unit number; 18
951	951	(2) The numbers of any serial seal or seals; 19
952	952	(3) The voting place at which the optical scan precinct count unit is used; 20
953	953	(4) The date of the election or primary general election at which the optical scan precinct 21
954	954	count unit is used; 22
955	955	(5) The number of names checked upon the voting list used at the election; and 23
956	956	(6) The number of voters registered by the optical scan precinct count unit. 24
957	957	(b) Space shall be left on the form in which the number of votes given for any person not 25
958	958	a candidate at the election, and for what office, may be recorded. Spaces shall also be left for the 26
959	959	signatures of the election inspector, the warden, clerk, and at least two (2) supervisors. The state 27
960	960	board shall also furnish the necessary envelopes and adhesive labels required to be used in 28
961	961	accordance with the provisions of this chapter. 29
962	962	(c) Tapes printed from the optical scan precinct count unit indicating the number of votes 30
963	963	registered by the unit for each candidate, and for what office, shall be attached to the election return 31
964	964	form; tapes printed from the optical scan precinct count unit indicating the number of votes 32
965	965	registered by the unit for and against each submitted question shall be attached to the election return 33
966	966	form. 34
967	967
968	968
969	969	LC000012 - Page 27 of 49
970	970	17-19-24.2. Voter identification. 1
971	971	(a) Beginning on January 1, 2012, any person claiming to be a registered and eligible voter 2
972	972	who desires to vote at a primary general election, special election, or general election shall provide 3
973	973	proof of identity. For purposes of this section, proof of identity shall be valid if unexpired or expired 4
974	974	no more than six (6) months prior to voting, and shall include: 5
975	975	(1) A valid and current document showing a photograph of the person to whom the 6
976	976	document was issued, including without limitation: 7
977	977	(i) Rhode Island driver's license; 8
978	978	(ii) Rhode Island voter identification card; 9
979	979	(iii) United States passport; 10
980	980	(iv) Identification card issued by a United States educational institution; 11
981	981	(v) United States military identification card; 12
982	982	(vi) Identification card issued by the United States or the State of Rhode Island; 13
983	983	(vii) Government issued medical card. 14
984	984	(2) A valid and current document without a photograph of the person to whom the 15
985	985	document was issued, including without limitation: 16
986	986	(i) Birth certificate; 17
987	987	(ii) Social security card; 18
988	988	(iii) Government issued medical card. 19
989	989	(b) From and after January 1, 2014, any person claiming to be a registered and eligible 20
990	990	voter who desires to vote at a primary general election, special election, or general election shall 21
991	991	provide proof of identity listed in subsection (a)(1). 22
992	992	(c) No later than January 1, 2012, Rhode Island voter identification cards will be issued 23
993	993	upon request, and at no expense to the voters, at locations and in accordance with procedures 24
994	994	established by rules and regulations promulgated by the secretary of state. The purpose of this 25
995	995	section is to provide voter identification cards to those voters who do not possess the identification 26
996	996	listed in subsection (a)(1). 27
997	997	(d) If the person claiming to be a registered and eligible voter is unable to provide proof of 28
998	998	identity as required in subsections (a)(1) and (a)(2) above, the person claiming to be a registered 29
999	999	voter shall be allowed to vote a provisional ballot pursuant to § 17-19-24.3 upon completing a 30
1000	1000	provisional ballot voter's certificate and affirmation. The local board shall determine the validity of 31
1001	1001	the provisional ballot pursuant to § 17-19-24.3. 32
1002	1002	17-19-31. Irregular ballots. 33
1003	1003	Ballots voted for any person whose name does not appear on the ballot as a nominated 34
1004	1004
1005	1005
1006	1006	LC000012 - Page 28 of 49
1007	1007	candidate for office are referred to in this section as "irregular ballots." In voting for presidential 1
1008	1008	electors, a voter may vote an irregular ticket made up of the names of persons in nomination by 2
1009	1009	different parties; or partly of names of persons in nomination and partly of names of persons not in 3
1010	1010	nomination; or wholly of names of persons not in nomination by any party. Scanned images of the 4
1011	1011	computer ballot containing the irregular ballot shall be stored digitally on physical electronic media 5
1012	1012	in the optical-scan precinct-count unit. With that exception, no irregular ballot shall be voted for 6
1013	1013	any person for any office whose name appears on the ballot as a nominated candidate for that office; 7
1014	1014	any irregular ballot so voted shall not be counted. An irregular ballot must be cast in its appropriate 8
1015	1015	place on the ballot, or it shall be void and not counted and no irregular ballots shall be counted at 9
1016	1016	primaries primary general elections; provided, that at any presidential primary, irregular ballots 10
1017	1017	shall be counted for those persons whose names have been written in for the office of president. At 11
1018	1018	the close of the polls, irregular ballots shall be packaged according to § 17-19-33 and shall be 12
1019	1019	immediately delivered to the local board of canvassers. The local board shall receive the tape from 13
1020	1020	the optical precinct-count unit containing printed images of each written name on the irregular 14
1021	1021	ballots, or the physical electronic media containing images of the irregular ballots and record all 15
1022	1022	write-in votes cast for all federal, state, and local races listed on the tape. The local board shall 16
1023	1023	notify the state board of the results through a procedure promulgated by the state board. 17
1024	1024	17-19-32. Recording and signing of returns. 18
1025	1025	Immediately upon the close of the polls the warden shall, in the presence of the other 19
1026	1026	election or primary general election officers and the election inspector, follow the procedure for 20
1027	1027	the closing of the unit set forth by the vendor of the optical scan precinct count unit. The warden 21
1028	1028	and clerk shall sign the first copy of the tape containing the votes cast and shall remove the tape 22
1029	1029	from the optical scan precinct count unit. The warden shall then obtain three (3) additional copies 23
1030	1030	of the tape containing the vote totals from the optical scan precinct count unit, and the warden shall 24
1031	1031	proceed to read off in a clear and loud voice the vote for each candidate, and upon each question 25
1032	1032	as indicated by the vote totals on the printed tape and the number of votes cast for persons not 26
1033	1033	nominated. 27
1034	1034	17-19-42. Tampering with voting equipment. 28
1035	1035	Any person, not being an election or primary general election officer or person upon whom 29
1036	1036	a duty is imposed by this chapter, who, while any voting equipment is being made ready for an 30
1037	1037	election or primary general election, or is in use during an election or primary general election, 31
1038	1038	tampers with, disarranges, defaces, injures, or impairs the voting equipment in any manner, or 32
1039	1039	mutilates, injures, destroys, or disarranges any computer ballot, or any other appliance used in 33
1040	1040	connection with the voting equipment, shall be guilty of a felony. 34
1041	1041
1042	1042
1043	1043	LC000012 - Page 29 of 49
1044	1044	17-19-44. Officer tampering with voting equipment. 1
1045	1045	Any person having the custody of voting equipment under this chapter, or any election or 2
1046	1046	primary general election officer, who, with intent to cause or permit any voting equipment to fail 3
1047	1047	to correctly register all votes cast, tampers with, injures, or disarranges the voting equipment in any 4
1048	1048	way, or any part of the voting equipment, or who causes or consents to the voting equipment being 5
1049	1049	used for voting at any election or primary general election with knowledge of the fact that the voting 6
1050	1050	equipment is not in order or not properly set and programmed so that it will correctly register all 7
1051	1051	votes cast, or who, for the purpose of defrauding or deceiving any voter or of causing it to be 8
1052	1052	doubtful for what candidates or question any vote is cast, or of causing it to appear upon the voting 9
1053	1053	equipment that votes cast for one candidate or question were cast for another candidate or question, 10
1054	1054	removes, changes, or mutilates any computer ballot or any part of any computer ballot, or does 11
1055	1055	anything to defeat the will or intention of a voter in casting a lawful vote, shall be guilty of a felony. 12
1056	1056	17-19-45. Fraudulent election returns. 13
1057	1057	Any election or primary general election officer who, at the close of the polls, purposely 14
1058	1058	causes the vote registered by any optical scan precinct count unit or related voting equipment to be 15
1059	1059	incorrectly recorded or returned as to any candidate, person, or question, or who knowingly 16
1060	1060	consents to these things, or any of them, being done, shall be guilty of a felony. 17
1061	1061	17-19-49. Political literature and influence. 18
1062	1062	No poster, paper, circular, or other document designed or tending to aid, injure, or defeat 19
1063	1063	any candidate for public office or any political party on any question submitted to the voters shall 20
1064	1064	be distributed or displayed within the voting place or within fifty (50) feet of the entrance or 21
1065	1065	entrances to the building in which voting is conducted at any primary general election or election. 22
1066	1066	Neither shall any election official display on his or her person within the voting place any political 23
1067	1067	party button, badge, or other device tending to aid, injure, or defeat the candidacy of any person for 24
1068	1068	public office or any question submitted to the voters or to intimidate or influence the voters. 25
1069	1069	SECTION 13. Sections 17-20-1, 17-20-6, 17-20-6.1, 17-20-10.2 and 17-20-16 of the 26
1070	1070	General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended to read as follows: 27
1071	1071	17-20-1. Voting by mail ballot. 28
1072	1072	The electors of this state who, for any of the reasons set forth in § 17-20-2, being otherwise 29
1073	1073	qualified to vote, shall have the right to vote, in the manner and time provided by this chapter, in 30
1074	1074	all general and special elections and primaries primary general elections, including presidential 31
1075	1075	primaries in this state for electors of president and vice-president of the United States, United States 32
1076	1076	senators in Congress, representatives in Congress, general officers of the state, senators and 33
1077	1077	representatives in the general assembly for the respective districts in which the elector is duly 34
1078	1078
1079	1079
1080	1080	LC000012 - Page 30 of 49
1081	1081	qualified to vote, and for any other officers whose names appear on the state ballot and for any city, 1
1082	1082	town, ward, or district officers whose names appear on the respective city or town ballots in the 2
1083	1083	ward or district of the city or town in which the elector is duly qualified to vote, and also to approve 3
1084	1084	or reject any proposition of amendment to the Constitution or other propositions appearing on the 4
1085	1085	state, city, or town ballot. 5
1086	1086	17-20-6. Alternative methods of voting. 6
1087	1087	Any qualified elector who is a member of the armed forces or of the merchant marine of 7
1088	1088	the United States, or who is absent from the state in the performance of "services intimately 8
1089	1089	connected with military operations" as defined in § 17-20-3(c), and any qualified elector of this 9
1090	1090	state exempt from registration under § 17-20-4, shall have the right to vote at his or her option 10
1091	1091	during the period of his or her service and for two (2) years thereafter by any one of the following 11
1092	1092	methods: 12
1093	1093	(1) If the person is present within the state on the day of any election, that person shall have 13
1094	1094	the right to vote in the manner prescribed in chapter 19 of this title, subject to any other provisions 14
1095	1095	of this chapter. 15
1096	1096	(2) If the person is absent from the state on the day of any election, that person has the right 16
1097	1097	to vote by absentee ballot in accordance with the provisions of this chapter, upon compliance with 17
1098	1098	its provisions. 18
1099	1099	(3)(i) The elector may cast an official federal absentee ballot federal write-in absentee 19
1100	1100	ballot "FWAB" in accordance with the laws of the United States. 20
1101	1101	(ii) The elector may use the "FWAB" to cast a vote for each federal, state and local office 21
1102	1102	for which he or she is entitled to vote in a general, primary general or special election. 22
1103	1103	(4) The elector may also cast an official state blank ballot issued by the office of the 23
1104	1104	secretary of state in accordance with this chapter. 24
1105	1105	17-20-6.1. Alternative methods of voting by citizens covered by the Uniformed and 25
1106	1106	Overseas Citizens Absentee Voting Act (UOCAVA) and other citizens residing outside the 26
1107	1107	United States. 27
1108	1108	(a) It is the intent and purpose that the provisions set forth in this section are designed to 28
1109	1109	facilitate the federal mandate of the Uniformed and Overseas Citizens Absentee Voting Act 29
1110	1110	(UOCAVA), 52 U.S.C. § 20301 et seq. 30
1111	1111	(b) The Federal Post Card Application (FPCA) may be used as a request for an absentee 31
1112	1112	ballot by: 32
1113	1113	(1) A member of the armed forces who is absent from the state by reason of being in active 33
1114	1114	service; 34
1115	1115
1116	1116
1117	1117	LC000012 - Page 31 of 49
1118	1118	(2) Any person absent from the state in performance of “services intimately connected with 1
1119	1119	military operations” as defined in § 17-20-3(d); 2
1120	1120	(3) Any person who is employed outside of the United States as defined in § 17-20-3(c); 3
1121	1121	and 4
1122	1122	(4) Any person who does not qualify under subparagraph (1), (2), or (3) above, but who is 5
1123	1123	a citizen of the United States and absent from the state and residing outside the United States as 6
1124	1124	described in chapter 21.1 of this title. 7
1125	1125	(c) The single FPCA card shall permit the person to request an absentee ballot for each 8
1126	1126	primary general election, general and special election through the next general election for federal 9
1127	1127	office or for the time period specified by federal law in which the voter is eligible to vote. 10
1128	1128	(d) The FPCA card must be received by the local board of canvassers where the person last 11
1129	1129	maintains his or her residence for voting purposes within the time frame for applying for absentee 12
1130	1130	ballots as set forth in this title. 13
1131	1131	(e) If the FPCA, when used in accordance with this section, is sent by the voter through 14
1132	1132	electronic transmission, it must be sent to the secretary of state and it must be received by the 15
1133	1133	secretary of state by the deadline for applying for absentee ballots as set forth in this title. The 16
1134	1134	secretary of state shall then forward the FPCA to the appropriate local authority who shall 17
1135	1135	immediately certify and return the FPCA to the secretary of state with the notation that the 18
1136	1136	corresponding ballots shall be sent by mail and electronic transmission. The secretary of state shall 19
1137	1137	approve electronically transmitted ballots to and from eligible voters only through a service or 20
1138	1138	solution that meets the following requirements: 21
1139	1139	(1) The system has had one or more independent security reviews; 22
1140	1140	(2) Demonstrates the system meets the National Institute of Standards and Technology 23
1141	1141	(NIST) Cybersecurity Framework guidelines or federal cybersecurity framework guidelines of a 24
1142	1142	successor designated federal agency or organization; and 25
1143	1143	(3) Approved by the secretary of state. 26
1144	1144	The ballots sent by electronic transmission shall be returned to the state board by electronic 27
1145	1145	transmission. These ballots will be counted at the state board in accordance with rules and 28
1146	1146	regulations promulgated by the state board. 29
1147	1147	(f) The voter’s signature on the FPCA does not need to be witnessed or notarized, when 30
1148	1148	the FPCA is submitted as provided in this section. 31
1149	1149	(g) If a voter is casting a mail ballot received through the use of the FPCA card as provided 32
1150	1150	in this section, the voter’s signature does not need to be witnessed or notarized on the certifying 33
1151	1151	envelope used for the return of the voted mail ballot. 34
1152	1152
1153	1153
1154	1154	LC000012 - Page 32 of 49
1155	1155	17-20-6.1. Alternative methods of voting by citizens covered by the Uniformed and 1
1156	1156	Overseas Citizens Absentee Voting Act (UOCAVA) and other citizens residing outside the 2
1157	1157	United States. 3
1158	1158	(a) It is the intent and purpose that the provisions set forth in this section are designed to 4
1159	1159	facilitate the federal mandate of the Uniformed and Overseas Citizens Absentee Voting Act 5
1160	1160	(UOCAVA), 42 U.S.C. § 1973ff et seq. 6
1161	1161	(b) The Federal Post Card Application (FPCA) may be used as a request for an absentee 7
1162	1162	ballot by: 8
1163	1163	(1) A member of the armed forces who is absent from the state by reason of being in active 9
1164	1164	service; 10
1165	1165	(2) Any person absent from the state in performance of "services intimately connected with 11
1166	1166	military operations" as defined in § 17-20-3(d); 12
1167	1167	(3) Any person who is employed outside of the United States as defined in § 17-20-3(c); 13
1168	1168	and 14
1169	1169	(4) Any person who does not qualify under subparagraph (1), (2), or (3) above, but who is 15
1170	1170	a citizen of the United States and absent from the state and residing outside the United States as 16
1171	1171	described in chapter 21.1 of title 17. 17
1172	1172	(c) The single FPCA card shall permit the person to request an absentee ballot for each 18
1173	1173	primary general election, general and special election through the next general election for federal 19
1174	1174	office or for the time period specified by federal law in which the voter is eligible to vote. 20
1175	1175	(d) The FPCA card must be received by the local board of canvassers where the person last 21
1176	1176	maintains his/her residence for voting purposes within the time frame for applying for absentee 22
1177	1177	ballots as set forth in this title. 23
1178	1178	(e) If the FPCA, when used in accordance with this section, is sent by the voter through 24
1179	1179	electronic transmission, it must be sent to the secretary of state and it must be received by the 25
1180	1180	secretary of state by the deadline for applying for absentee ballots as set forth in this title. The 26
1181	1181	secretary of state shall then forward the FPCA to the appropriate local authority who shall 27
1182	1182	immediately certify and return the FPCA to the secretary of state with the notation that the 28
1183	1183	corresponding ballots shall be sent by mail and electronic transmission. The secretary of state shall 29
1184	1184	transmit ballots only to the facsimile number provided by the Federal Voter Assistance Program. 30
1185	1185	The ballots sent by electronic transmission shall be returned to the state board by electronic 31
1186	1186	transmission. These ballots will be counted at the state board in accordance with rules and 32
1187	1187	regulations promulgated by the state board. 33
1188	1188	(f) The voter's signature on the FPCA does not need to be witnessed or notarized, when the 34
1189	1189
1190	1190
1191	1191	LC000012 - Page 33 of 49
1192	1192	FPCA is submitted as provided in this section. 1
1193	1193	(g) If a voter is casting a mail ballot received through the use of the FPCA card as provided 2
1194	1194	in this section, the voter's signature does not need to be witnessed or notarized on the certifying 3
1195	1195	envelope used for the return of the voted mail ballot. 4
1196	1196	17-20-10.2. Official state blank ballots. 5
1197	1197	In the event the official ballot is not available for issuance and mailing forty-five (45) days 6
1198	1198	before a general, primary general, or special election, persons applying for a mail ballot under 7
1199	1199	subdivision 17-20-2(3) and persons applying for a mail ballot through the use of the Federal Post 8
1200	1200	Card Application (FPCA) shall be issued an official state blank ballot forty-five (45) days before 9
1201	1201	the election. Additionally, the voter shall be sent the official ballot immediately upon the ballots 10
1202	1202	becoming available. The office of secretary of state shall be responsible for the arrangement, 11
1203	1203	preparation, printing and distribution of the official state blank ballots. The secretary of state shall 12
1204	1204	also be responsible for all accompanying candidate listings to the extent that information is 13
1205	1205	available, instruction sheets, and envelopes. 14
1206	1206	17-20-16. Time of casting vote. 15
1207	1207	Mail ballots may be cast in the manner provided by law on or before election day; provided, 16
1208	1208	that no mail ballot shall be counted unless it is received by the state board not later than the time 17
1209	1209	prescribed by § 17-18-11 for the closing of polling places on election day, except ballots cast under 18
1210	1210	the provisions of § 17-20-6.1, which shall be counted if received by the state board by four o'clock 19
1211	1211	p.m. (4:00) on the third day following a primary general election or four o'clock p.m. (4:00) on the 20
1212	1212	seventh day following an election. 21
1213	1213	SECTION 14. Section 17-22-1 of the General Laws in Chapter 17-22 entitled "Tabulation 22
1214	1214	and Certification of Returns by State Board" is hereby amended to read as follows: 23
1215	1215	17-22-1. Commencement and continuance of tabulations. 24
1216	1216	The state board shall commence the counting, canvassing, and tabulating of all votes cast, 25
1217	1217	including mail ballots, at eight o'clock (8:00) p.m. on any election day at which mail ballots may 26
1218	1218	be cast and within twenty-four (24) hours after any other election or primary general election, and 27
1219	1219	shall continue and complete the tabulation with all reasonable expedition by using an optical scan 28
1220	1220	count system. 29
1221	1221	SECTION 15. Sections 17-23-15, 17-23-17 and 17-23-18 of the General Laws in Chapter 30
1222	1222	17-23 entitled "Election Offenses" are hereby amended to read as follows: 31
1223	1223	17-23-15. Polling or surveying of voter opinion. 32
1224	1224	(a) No person shall conduct any form of poll or survey of voter opinion or voter conduct 33
1225	1225	within a building or within fifty (50) feet of the entrance or entrances to a building in which voting 34
1226	1226
1227	1227
1228	1228	LC000012 - Page 34 of 49
1229	1229	is being conducted at any primary general election or election; provided, that nothing in this section 1
1230	1230	shall be deemed to apply to or to affect the activities of election officials or election inspectors, or 2
1231	1231	"checkers", "runners", and "watchers" as defined in § 17-19-22. 3
1232	1232	(b) Notice of this section shall be posted in a conspicuous place at all polling places. 4
1233	1233	17-23-17. Violations with respect to elections. 5
1234	1234	(a) Any person is guilty of a felony who: 6
1235	1235	(1) Makes a declaration of candidacy or obtains, circulates, or causes to be circulated his 7
1236	1236	or her nomination papers for an office, knowing or with good reason to know that he or she is not 8
1237	1237	qualified as provided in this title to be his or her party's candidate for the office; 9
1238	1238	(2) Knowingly or without reasonable and proper investigation makes any substantial 10
1239	1239	misstatement in any declaration of candidacy, nomination paper, or affidavit provided for in this 11
1240	1240	title; 12
1241	1241	(3) Signs a nomination paper when he or she knows that he or she is not qualified to sign; 13
1242	1242	(4) Votes or attempts to vote at any election when he or she knows or should know that he 14
1243	1243	or she is not qualified to vote; 15
1244	1244	(5) Votes or attempts to vote more than once at any election, or votes or attempts to vote 16
1245	1245	in more than one political party's primary general election on the same day; 17
1246	1246	(6) Votes or attempts to vote at any election under the name of any other person; 18
1247	1247	(7) Willfully hinders the orderly conduct of any election; 19
1248	1248	(8) Gives a false answer to any election official relative to his or her right to vote at the 20
1249	1249	election; 21
1250	1250	(9) Aids or abets a person not entitled to vote at any election in voting or attempting to vote 22
1251	1251	under a name other than the voter's name or in voting twice upon the voter's name; 23
1252	1252	(10) Willfully alters or makes any change, erasure, or additional check upon the voting list 24
1253	1253	used or to be used at any election; or 25
1254	1254	(11) Willfully violates any provisions of chapters 12 -- 15 of this title for which violation 26
1255	1255	a specific penalty is not provided. 27
1256	1256	(b) Any person who unlawfully and knowingly signs the name of any other person on any 28
1257	1257	nomination papers shall be guilty of a felony. 29
1258	1258	(c) Any public officer or officer of a political party who willfully violates any of the 30
1259	1259	provisions of chapters 12 -- 15 of this title, or refuses or willfully neglects and omits to perform, in 31
1260	1260	the manner and within the time prescribed, any duty imposed upon the officer by these chapters, or 32
1261	1261	suffers or permits any alteration, erasure, or additional check to be made upon a voting list in the 33
1262	1262	officer's custody or control, shall be guilty of a felony. 34
1263	1263
1264	1264
1265	1265	LC000012 - Page 35 of 49
1266	1266	17-23-18. Political advertising from official budgets prohibited. 1
1267	1267	(a) Except in accordance with subsections (b) and (c) of this section, no elected official 2
1268	1268	shall permit the expenditure of public funds from any official budget under his or her authority for 3
1269	1269	any publication, advertisement, broadcast, or telecast of his or her photograph, voice, or other 4
1270	1270	likeness to be broadcast or distributed to the public during the one hundred and twenty (120) days 5
1271	1271	preceding any primary general election or general election in which he or she is a candidate. 6
1272	1272	(b) This section shall not be construed to prohibit an official from appearing on regular 7
1273	1273	capitol television programming operated by the general assembly or on television stations operated 8
1274	1274	by the Rhode Island PBS Foundation during the period of time or programming of regular or special 9
1275	1275	meetings of city or town councils or any local governmental board, agency or other entity. 10
1276	1276	(c) This section shall not be construed to prohibit the publication, broadcast, or telecast of 11
1277	1277	any photograph, voice, or other likeness of an elected official that is distributed to the public by or 12
1278	1278	through an official government website or social media presence provided that the website or social 13
1279	1279	media presence is continuously maintained in the regular course of official government business 14
1280	1280	exclusively for general informational or transparency purposes. 15
1281	1281	SECTION 16. Sections 17-25-3, 17-25-4, 17-25-11, 17-25-12, 17-25-21, 17-25-22 and 17-16
1282	1282	25-29 of the General Laws in Chapter 17-25 entitled "Rhode Island Campaign Contributions and 17
1283	1283	Expenditures Reporting" are hereby amended to read as follows: 18
1284	1284	17-25-3. Definitions. 19
1285	1285	As used in this chapter, unless a different meaning clearly appears from the context: 20
1286	1286	(1) "Business entity" means any corporation, whether for profit or not for profit, domestic 21
1287	1287	corporation or foreign corporation, as defined in § 7-1.2-106, financial institution, cooperative, 22
1288	1288	association, receivership, trust, holding company, firm, joint stock company, public utility, sole 23
1289	1289	proprietorship, partnership, limited partnership, or any other entity recognized by the laws of the 24
1290	1290	United States and/or the state of Rhode Island for the purpose of doing business. The term "business 25
1291	1291	entity" shall not include a political action committee organized pursuant to this chapter or a political 26
1292	1292	party committee or an authorized campaign committee of a candidate or office holder. The term 27
1293	1293	"business entity" shall not include any exempt nonprofit as defined herein or any organization 28
1294	1294	described in § 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding 29
1295	1295	internal revenue code of the United States, as amended from time to time, for the purposes of 30
1296	1296	chapter 25.3 of title 17. 31
1297	1297	(2) "Candidate" means any individual who undertakes any action, whether preliminary or 32
1298	1298	final, which is necessary under the law to qualify for nomination for election or election to public 33
1299	1299	office, and/or any individual who receives a contribution or makes an expenditure, or gives his or 34
1300	1300
1301	1301
1302	1302	LC000012 - Page 36 of 49
1303	1303	her consent for any other person to receive a contribution or make an expenditure, with a view to 1
1304	1304	bringing about his or her nomination or election to any public office, whether or not the specific 2
1305	1305	public office for which he or she will seek nomination or election is known at the time the 3
1306	1306	contribution is received or the expenditure is made and whether or not he or she has announced his 4
1307	1307	or her candidacy or filed a declaration of candidacy at that time. 5
1308	1308	(3) "Conduit" or "intermediary" means any person who receives and forwards an 6
1309	1309	earmarked contribution to a candidate or a candidate's authorized committee, except as otherwise 7
1310	1310	limited in this chapter. 8
1311	1311	(4) "Contributions" and "expenditures" include all transfers of money, credit or debit card 9
1312	1312	transactions, on-line or electronic payment systems such as "pay pal," paid personal services, or 10
1313	1313	other thing of value to or by any candidate, committee of a political party, or political action 11
1314	1314	committee or ballot question advocate. A loan shall be considered a contribution of money until it 12
1315	1315	is repaid. 13
1316	1316	(5) "Earmarked" means a designation, instruction, or encumbrance, whether direct or 14
1317	1317	indirect, express or implied, oral or written, that results in all or any part of a contribution or 15
1318	1318	expenditure being made to, or expended on behalf of, a clearly identified candidate or a candidate's 16
1319	1319	authorized committee. 17
1320	1320	(6) "Election" means any primary general, general, or special election or town meeting for 18
1321	1321	any public office of the state, municipality, or district, or for the determination of any question 19
1322	1322	submitted to the voters of the state, municipality, or district. 20
1323	1323	(7) "Election cycle" means the twenty-four month (24) period commencing on January 1 21
1324	1324	of odd number years and ending on December 31 of even number years; provided, with respect to 22
1325	1325	the public financing of election campaigns of general officers under §§ 17-25-19, 17-25-20, and 23
1326	1326	17-25-25, "election cycle" means the forty-eight month (48) period commencing on January 1 of 24
1327	1327	odd numbered years and ending December 31 of even numbered years. 25
1328	1328	(8) "In-kind contributions" means the monetary value of other things of value or paid 26
1329	1329	personal services donated to, or benefiting, any person required to file reports with the board of 27
1330	1330	elections. 28
1331	1331	(9) "Other thing of value" means any item of tangible real or personal property of a fair-29
1332	1332	market value in excess of one hundred dollars ($100). 30
1333	1333	(10) "Paid personal services" means personal services of every kind and nature, the cost or 31
1334	1334	consideration for which is paid or provided by someone other than the committee or candidate for 32
1335	1335	whom the services are rendered, but shall not include personal services provided without 33
1336	1336	compensation by persons volunteering their time. 34
1337	1337
1338	1338
1339	1339	LC000012 - Page 37 of 49
1340	1340	(11) "Person" means an individual, partnership, committee, association, corporation, union, 1
1341	1341	charity, and/or any other organization. The term "person" shall not include any exempt nonprofit 2
1342	1342	as defined herein or any organization described in § 501(c)(3) of the Internal Revenue Code of 3
1343	1343	1986, or any subsequent corresponding internal revenue code of the United States, as amended 4
1344	1344	from time to time, for the purposes of chapter 25.3 of title 17 only. 5
1345	1345	(12) "Political action committee" means any group of two (2) or more persons that accepts 6
1346	1346	any contributions to be used for advocating the election or defeat of any candidate or candidates. 7
1347	1347	Only political action committees that have accepted contributions from fifteen (15) or more persons 8
1348	1348	in amounts of ten dollars ($10.00) or more within an election cycle shall be permitted to make 9
1349	1349	contributions, and those committees must make contributions to at least five (5) candidates for state 10
1350	1350	or local office within an election cycle. 11
1351	1351	(13) "Public office" means any state, municipal, school, or district office or other position 12
1352	1352	that is filled by popular election, except political party offices. "Political party offices" means any 13
1353	1353	state, city, town, ward, or representative or senatorial district committee office of a political party 14
1354	1354	or delegate to a political party convention, or any similar office. 15
1355	1355	(14) "State" means state of Rhode Island. 16
1356	1356	(15) "Testimonial affair" means an affair of any kind or nature including, but not limited 17
1357	1357	to, cocktail parties, breakfasts, luncheons, dinners, dances, picnics, or similar affairs expressly and 18
1358	1358	directly intended to raise campaign funds in behalf of a candidate to be used for nomination or 19
1359	1359	election to a public office in this state, or expressly and directly intended to raise funds in behalf of 20
1360	1360	any state or municipal committee of a political party, or expressly and directly intended to raise 21
1361	1361	funds in behalf of any political action committee. 22
1362	1362	(16) "Electioneering communication" means any print, broadcast, cable, satellite, or 23
1363	1363	electronic media communication not coordinated, as set forth in § 17-25-23, with any candidate, 24
1364	1364	authorized candidate campaign committee, or political party committee and that unambiguously 25
1365	1365	identifies a candidate or referendum and is made either within sixty (60) days before a general or 26
1366	1366	special election or town meeting for the office sought by the candidate or referendum; or thirty (30) 27
1367	1367	days before a primary general election, for the office sought by the candidate; and is targeted to the 28
1368	1368	relevant electorate. 29
1369	1369	(i) A communication that refers to a clearly identified candidate or referendum is "targeted 30
1370	1370	to the relevant electorate" if the communication can be received by two thousand (2,000) or more 31
1371	1371	persons in the district the candidate seeks to represent or the constituency voting on the referendum. 32
1372	1372	(ii) Exceptions: The term "electioneering communication" does not include: 33
1373	1373	(A) A communication appearing in a news story, commentary, or editorial distributed 34
1374	1374
1375	1375
1376	1376	LC000012 - Page 38 of 49
1377	1377	through the facilities of any broadcasting station, unless such facilities are owned or controlled by 1
1378	1378	any political party, political committee, or candidate; 2
1379	1379	(B) A communication that constitutes a candidate debate or forum conducted pursuant to 3
1380	1380	regulations adopted by the board of elections or that solely promotes such a debate or forum and is 4
1381	1381	made by or on behalf of the person sponsoring the debate or forum; 5
1382	1382	(C) A communication made by any business entity to its members, owners, stockholders, 6
1383	1383	or employees; 7
1384	1384	(D) A communication over the internet, except for (I) Communications placed for a fee on 8
1385	1385	the website of another person, business entity, or political action committee; and (II) Websites 9
1386	1386	formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election 10
1387	1387	or defeat of a clearly identified candidate or the passage or defeat of a referendum; or 11
1388	1388	(E) Any other communication exempted under such regulations as the board of elections 12
1389	1389	may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate 13
1390	1390	implementation of this paragraph. 14
1391	1391	(17) "Independent expenditure" means an expenditure that, when taken as a whole, 15
1392	1392	expressly advocates the election or defeat of a clearly identified candidate, or the passage or defeat 16
1393	1393	of a referendum, or amounts to the functional equivalent of such express advocacy, and is in no 17
1394	1394	way coordinated, as set forth in § 17-25-23, with any candidate's campaign, authorized candidate 18
1395	1395	committee, or political party committee. An expenditure amounts to the functional equivalent of 19
1396	1396	express advocacy if it can only be interpreted by a reasonable person as advocating the election, 20
1397	1397	passage, or defeat of a candidate or referendum, taking into account whether the communication 21
1398	1398	mentions a candidate or referendum and takes a position on a candidate's character, qualifications, 22
1399	1399	or fitness for office. An independent expenditure is not a contribution to that candidate or 23
1400	1400	committee. 24
1401	1401	(i) Exceptions: The term "independent expenditure" does not include: 25
1402	1402	(A) A communication appearing in a news story, commentary, or editorial distributed 26
1403	1403	through the facilities of any broadcasting station, unless such facilities are owned or controlled by 27
1404	1404	any political party, political committee, or candidate; 28
1405	1405	(B) A communication that constitutes a candidate debate or forum conducted pursuant to 29
1406	1406	regulations adopted by the board of elections or that solely promotes such a debate or forum and is 30
1407	1407	made by or on behalf of the person sponsoring the debate or forum; 31
1408	1408	(C) A communication made by any business entity to its members, owners, stockholders, 32
1409	1409	or employees; 33
1410	1410	(D) A communication over the internet, except for (I) Communications placed for a fee on 34
1411	1411
1412	1412
1413	1413	LC000012 - Page 39 of 49
1414	1414	the website of another person, business entity, or political action committee; and (II) Websites 1
1415	1415	formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election 2
1416	1416	or defeat of a clearly identified candidate or the passage or defeat of a referendum; or 3
1417	1417	(E) Any other communication exempted under such regulations as the board of elections 4
1418	1418	may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate 5
1419	1419	implementation of this paragraph. 6
1420	1420	(18) "Covered transfer" means any transfer or payment of funds by any person, business 7
1421	1421	entity, or political action committee to another person, business entity, or political action committee 8
1422	1422	if the person, business entity, or political action committee making the transfer: (i) Designates, 9
1423	1423	requests, or suggests that the amounts be used for independent expenditures or electioneering 10
1424	1424	communications or making a transfer to another person for the purpose of making or paying for 11
1425	1425	such independent expenditures or electioneering communications; (ii) Made such transfer or 12
1426	1426	payment in response to a solicitation or other request for a transfer or payment for the making of 13
1427	1427	or paying for independent expenditures or electioneering communications or making a transfer to 14
1428	1428	another person for the purpose of making or paying for such independent expenditures or 15
1429	1429	electioneering communications; (iii) Engaged in discussions with the recipient of the transfer or 16
1430	1430	payment regarding independent expenditures or electioneering communications or making a 17
1431	1431	transfer to another person for the purpose of making or paying for such independent expenditures 18
1432	1432	or electioneering communications; or (iv) Made independent expenditures or electioneering 19
1433	1433	communications in an aggregate amount of five thousand dollars ($5,000) or more during the two-20
1434	1434	year (2) period ending on the date of the transfer or payment, or knew or had reason to know that 21
1435	1435	the person receiving the transfer or payment made such independent expenditures or electioneering 22
1436	1436	communications in such an aggregate amount during that two-year (2) period. 23
1437	1437	(A) Exceptions: The term "covered transfer" does not include: 24
1438	1438	(I) A transfer or payment made by a person, business entity, or political action committee 25
1439	1439	in the ordinary course of any trade or business conducted by the person, business entity, or political 26
1440	1440	action committee or in the form of investments made by the person, business entity, or political 27
1441	1441	action committee; or 28
1442	1442	(II) A transfer or payment made by a person, business entity, or political action committee 29
1443	1443	if the person, business entity, or political action committee making the transfer prohibited, in 30
1444	1444	writing, the use of such transfer or payment for independent expenditures, electioneering 31
1445	1445	communications, or covered transfers and the recipient of the transfer or payment agreed to follow 32
1446	1446	the prohibition and deposited the transfer or payment in an account that is segregated from any 33
1447	1447	account used to make independent expenditures, electioneering communications, or covered 34
1448	1448
1449	1449
1450	1450	LC000012 - Page 40 of 49
1451	1451	transfers. 1
1452	1452	(19) For the purposes of chapter 25.3 of title 17, "donation" means all transfers of money, 2
1453	1453	credit or debit card transactions, on-line or electronic payment systems such as "pay pal," paid 3
1454	1454	personal services, or other thing of value to or by any person, business entity, or political action 4
1455	1455	committee. A loan shall be considered a donation of money until it is repaid. 5
1456	1456	(20) For the purposes of chapter 25.3 of title 17, "donor" means a person, business entity, 6
1457	1457	or political action committee that makes a donation. 7
1458	1458	(21) "Exempt nonprofit" means any organization described in § 501(c)(4) of the Internal 8
1459	1459	Revenue Code that spends an aggregate annual amount of no more than ten percent (10%) of its 9
1460	1460	annual expenses or no more than fifteen thousand dollars ($15,000), whichever is less, on 10
1461	1461	independent expenditures, electioneering communications, and covered transfers as defined herein 11
1462	1462	and certifies the same to the board of elections seven (7) days before and after a primary general 12
1463	1463	election and seven (7) days before and after a general or special election. 13
1464	1464	(22) For purposes of chapter 25.3 of title 17, "referendum" means the same as the definition 14
1465	1465	set forth in § 17-5-1. 15
1466	1466	17-25-4. Applicability. 16
1467	1467	The provisions of this chapter shall apply in any primary general, general, or special 17
1468	1468	election or town meeting for any public office of the state, municipality, or district or for the 18
1469	1469	determination of any question submitted to the voters of the state, municipality, or district. 19
1470	1470	17-25-11. Dates for filing of reports by treasurers of candidates or of committees. 20
1471	1471	(a) During the period between the appointment of the campaign treasurer for state and 21
1472	1472	municipal committees and political action committees, or in the case of an individual the date on 22
1473	1473	which the individual becomes a "declared or undeclared candidate" as defined in § 17-25-3(2), 23
1474	1474	except when the ninety-day (90) reporting period ends less than forty (40) days prior to an election 24
1475	1475	in which case the ninety-day (90) report shall be included as part of the report required to be filed 25
1476	1476	on the twenty-eighth (28th) day next preceding the day of the primary general, general, or special 26
1477	1477	election pursuant to subdivision (2) of this subsection, and the election, with respect to which 27
1478	1478	contributions are received or expenditures made by him or her in behalf of, or in opposition to, a 28
1479	1479	candidate, the campaign treasurer of a candidate, a political party committee, or a political action 29
1480	1480	committee shall file a report containing an account of contributions received, and expenditures 30
1481	1481	made, on behalf of, or in opposition to, a candidate: 31
1482	1482	(1) At ninety-day (90) intervals commencing on the date on which the individual first 32
1483	1483	becomes a candidate, as defined in § 17-25-3(2); 33
1484	1484	(2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next 34
1485	1485
1486	1486
1487	1487	LC000012 - Page 41 of 49
1488	1488	preceding the day of the primary general, general, or special election; provided, that in the case of 1
1489	1489	a primary general election for a special election where the twenty-eighth (28th) day next preceding 2
1490	1490	the day of the primary general election occurs prior to the first day for filing declarations of 3
1491	1491	candidacy pursuant to § 17-14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) 4
1492	1492	days next preceding the day of the primary general election for the special election; and 5
1493	1493	(3) A final report on the twenty-eighth (28th) day following the election. The report shall 6
1494	1494	contain: 7
1495	1495	(i) The name and address and place of employment of each person from whom 8
1496	1496	contributions in excess of a total of one hundred dollars ($100) within a calendar year were 9
1497	1497	received; 10
1498	1498	(ii) The amount contributed by each person; 11
1499	1499	(iii) The name and address of each person to whom expenditures in excess of one hundred 12
1500	1500	dollars ($100) were made; and 13
1501	1501	(iv) The amount and purpose of each expenditure. 14
1502	1502	(b) Concurrent with the report filed on the twenty-eighth (28th) day following an election, 15
1503	1503	or at any time thereafter, the campaign treasurer of a candidate, or political party committee, or 16
1504	1504	political action committee, may certify to the board of elections that the campaign fund of the 17
1505	1505	candidate, political party committee, or political action committee having been instituted for the 18
1506	1506	purposes of the past election, has completed its business and been dissolved or, in the event that 19
1507	1507	the committee will continue its activities beyond the election, that its business regarding the past 20
1508	1508	election has been completed. The certification shall be accompanied by a final accounting of the 21
1509	1509	campaign fund, or of the transactions relating to the election, including the final disposition of any 22
1510	1510	balance remaining in the fund at the time of dissolution or the arrangements that have been made 23
1511	1511	for the discharge of any obligations remaining unpaid at the time of dissolution. 24
1512	1512	(c)(1) Once the campaign treasurer certifies that the campaign fund has completed its 25
1513	1513	business and been dissolved, no contribution that is intended to defray expenditures incurred on 26
1514	1514	behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time that 27
1515	1515	the campaign treasurer certifies that the campaign fund has completed its business and been 28
1516	1516	dissolved, the treasurer shall file reports containing an account of contributions received and 29
1517	1517	expenditures made at ninety-day (90) intervals commencing with the next quarterly report 30
1518	1518	following the election; however, the time to file under this subsection shall be no later than the last 31
1519	1519	day of the month following the ninety-day (90) period, except when the last day of the month filing 32
1520	1520	deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days 33
1521	1521	before an election, in which case the report shall be filed pursuant to the provisions of subdivisions 34
1522	1522
1523	1523
1524	1524	LC000012 - Page 42 of 49
1525	1525	(a)(1) and (2) of this section. Provided, however, if the last day of the month falls on a weekend or 1
1526	1526	a holiday, the report shall be due on the following business day. 2
1527	1527	(2) In addition to the reports required pursuant to this section, a candidate or office holder 3
1528	1528	shall also file with the board of elections a paper copy of the account statement from the office 4
1529	1529	holder's campaign account, which account statement shall be the next account statement issued by 5
1530	1530	their financial institution after the filing of the fourth quarterly campaign expense report. The 6
1531	1531	account statement shall be submitted to the board within thirty (30) days of its receipt by the 7
1532	1532	candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be deemed 8
1533	1533	a public record pursuant to the provisions of chapter 2 of title 38. The board of elections, its agents, 9
1534	1534	and employees shall not publish, deliver, copy, or disclose, to any person or entity any account 10
1535	1535	statement or information contained therein for any candidate, former candidate, officeholder, party, 11
1536	1536	or political action committee. Provided, as to state and municipal political parties, the requirements 12
1537	1537	of this subsection (c)(2) shall apply to the annual report required pursuant to § 17-25-7. 13
1538	1538	(d)(1) There shall be no obligation to file the reports of expenditures required by this 14
1539	1539	section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf of 15
1540	1540	the candidacy by the candidate, by any political party committee, by any political action committee, 16
1541	1541	or by any person shall not in the aggregate exceed one thousand dollars ($1,000). 17
1542	1542	(2) However, even though the aggregate amount expended on behalf of the candidacy does 18
1543	1543	not exceed one thousand dollars ($1,000), reports must be made listing the source and amounts of 19
1544	1544	all contributions in excess of a total of one hundred dollars ($100) from any one source within a 20
1545	1545	calendar year. Even though the aggregate amount expended on behalf of the candidacy does not 21
1546	1546	exceed one thousand dollars ($1,000) and no contribution from any one source within a calendar 22
1547	1547	year exceeds one hundred dollars ($100), the report shall state the aggregate amount of all 23
1548	1548	contributions received. In addition, the report shall state the amount of aggregate contributions that 24
1549	1549	were from individuals, the amount from political action committees, and the amount from political 25
1550	1550	party committees. 26
1551	1551	(e) On or before the first date for filing contribution and expenditure reports, the campaign 27
1552	1552	treasurer may file a sworn statement that the treasurer will accept no contributions nor make 28
1553	1553	aggregate expenditures in excess of the minimum amounts for which a report is required by this 29
1554	1554	chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that 30
1555	1555	campaign, other than the final report due on the twenty-eighth (28th) day following the election. 31
1556	1556	(f) A campaign treasurer must file a report containing an account of contributions received 32
1557	1557	and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of this section 33
1558	1558	for any ninety-day (90) period in which the campaign received contributions in excess of a total of 34
1559	1559
1560	1560
1561	1561	LC000012 - Page 43 of 49
1562	1562	one hundred dollars ($100) within a calendar year from any one source and/or made expenditures 1
1563	1563	in excess of one thousand dollars ($1,000) within a calendar year; however, the time to file under 2
1564	1564	this subsection shall be no later than the last day of the month following the ninety-day (90) period, 3
1565	1565	except when the last day of the month filing deadline following the ninety-day (90) reporting period 4
1566	1566	occurs less than twenty-eight (28) days before an election, in which case the report shall be filed 5
1567	1567	pursuant to the provisions of subdivisions (a)(1) and (2) of this section. Provided, however, if the 6
1568	1568	last day of the month falls on a weekend or a holiday, the report shall be due on the following 7
1569	1569	business day. 8
1570	1570	(g)(1) The board of elections may, for good cause shown and upon the receipt of a written 9
1571	1571	or electronic request, grant a seven-day (7) extension for filing a report; provided, that the request 10
1572	1572	must be received no later than the date upon which the report is due to be filed. 11
1573	1573	(2) Any person or entity required to file reports with the board of elections pursuant to this 12
1574	1574	section and who or that has not filed the report by the required date, unless granted an extension 13
1575	1575	pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars ($25.00). 14
1576	1576	Notwithstanding any of the provisions of this section, the board of elections shall have the authority 15
1577	1577	to waive late filing fees for good cause shown. 16
1578	1578	(3) The board of elections shall send a notice of non-compliance, by certified mail, to any 17
1579	1579	person or entity who or that fails to file the reports required by this section. A person or entity who 18
1580	1580	or that is sent a notice of non-compliance and fails to file the required report within seven (7) days 19
1581	1581	of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt of the 20
1582	1582	notice of non-compliance until the day the report has been received by the state board. 21
1583	1583	Notwithstanding any of the provisions of this section, the board of elections shall have the authority 22
1584	1584	to waive late filing fees for good cause shown. 23
1585	1585	17-25-12. Prohibited contributions. 24
1586	1586	No contributions shall be made, and no expenditure shall be made or incurred, whether 25
1587	1587	anonymously, in a fictitious name, or by one person or group in the name of another, to support or 26
1588	1588	defeat a candidate in a primary general, general, or special election. No treasurer or candidate shall 27
1589	1589	solicit or knowingly accept any contribution contrary to the provisions of this section. 28
1590	1590	17-25-21. Primary elections Primary general elections. 29
1591	1591	Any candidate eligible to receive public funds and electing to receive these funds who is 30
1592	1592	challenged for nomination for general office in a political party primary general election shall be 31
1593	1593	permitted to raise and expend an additional amount of private funds equal to one-third (⅓) of the 32
1594	1594	maximum allowable expenditure amount for the office or equal to the total amount spent by the 33
1595	1595	candidates' opponent or opponents in the primary general election, whichever amount is less. The 34
1596	1596
1597	1597
1598	1598	LC000012 - Page 44 of 49
1599	1599	additional amount received in contributions must be expended prior to the primary general election. 1
1600	1600	The additional private contributions shall not be eligible for matching public funds. 2
1601	1601	17-25-22. Time period for payment of public funds. 3
1602	1602	(a) No public funds shall be dispersed to candidates until after the date of the primary 4
1603	1603	general election. In order to receive matching public funds, the candidate must be a candidate for 5
1604	1604	general office who meets all of the requirements set forth in subdivision 17-25-20(6). The candidate 6
1605	1605	must submit to the board of elections proof of receipt of qualifying private contributions and 7
1606	1606	supporting documentation as required by the board. The board of elections shall, within five (5) 8
1607	1607	business days of the receipt of the request for payment of matching funds, either pay over funds to 9
1608	1608	the candidate or disallow all or a portion of the request and state in writing the reasons for the 10
1609	1609	disallowance. 11
1610	1610	(b) A candidate may submit supplemental applications for public funds until the time that 12
1611	1611	the permitted limits are reached. 13
1612	1612	17-25-29. Appropriations. 14
1613	1613	In the event the funds generated by the tax credit of § 44-30-2(d) fail to produce sufficient 15
1614	1614	money to meet the requirements of the public financing of the electoral system as set forth in §§ 16
1615	1615	17-25-19 -- 17-25-27, then funds sufficient to meet the levels of the public financing as set forth in 17
1616	1616	this chapter shall be supplied from the general fund of the state treasury. There is appropriated from 18
1617	1617	the general treasury those sums that may be necessary for carrying out the purposes of the public 19
1618	1618	financing of the electoral system, and an amount equal to the total of all maximum amounts of 20
1619	1619	matching public funds available to all party and independent candidates for general office 21
1620	1620	qualifying and electing to receive public funds in an election shall be transferred to the board of 22
1621	1621	elections no later than September 1 of each election year and deposited in a manner that will secure 23
1622	1622	the highest rate of interest available consistent with the safety of the sums and with the requirement 24
1623	1623	that all sums on deposit be available for immediate payment to eligible candidates at any time after 25
1624	1624	the date of the primary general election. The state controller is authorized and directed to draw his 26
1625	1625	or her orders upon the general treasurer for transfer of all sums the board deems necessary to 27
1626	1626	comply with this section. There shall also be transferred to the board any additional sums that may 28
1627	1627	be required until the permitted limits are reached. The board shall account for all funds disbursed 29
1628	1628	pursuant to this chapter and transfer upon the conclusion of any election for general office any and 30
1629	1629	all undisbursed sums to the general treasurer for deposit in the general fund by December 1 in any 31
1630	1630	year in which the election is held. 32
1631	1631	SECTION 17. Sections 17-29-2 and 17-29-3 of the General Laws in Chapter 17-29 entitled 33
1632	1632	"Voter Choice Act" are hereby amended to read as follows: 34
1633	1633
1634	1634
1635	1635	LC000012 - Page 45 of 49
1636	1636	17-29-2. Legislative declaration. 1
1637	1637	(a) The general assembly hereby finds and declares that: 2
1638	1638	(1) Majority rule is a fundamental principle of representative democracy, and the state's 3
1639	1639	election laws should uphold and facilitate this principle. 4
1640	1640	(2) In an election where more than two (2) candidates are running for an office, the 5
1641	1641	candidate who receives a plurality of the votes may actually be opposed by the majority of voters. 6
1642	1642	(3) The state's current voting method limits voters' choices and contributes to lower voter 7
1643	1643	participation. 8
1644	1644	(4) It is in the public interest to examine Rhode Island's voting method and consider 9
1645	1645	comprehensive reforms that would expand the choices realistically available to voters, increase 10
1646	1646	participation, address the concerns of the major political parties, save money, and increase 11
1647	1647	accountability. 12
1648	1648	(b) The general assembly further finds and declares that instant runoff voting and other 13
1649	1649	advanced voting methods have the potential to: 14
1650	1650	(1) Expand the range of choices available to voters by allowing them to vote for candidates 15
1651	1651	of minor political parties or unaffiliated candidates without fear of giving an advantage to the 16
1652	1652	candidate they least prefer; 17
1653	1653	(2) Reduce both election administration costs and campaign expenditures by combining 18
1654	1654	primary general and general elections; and 19
1655	1655	(3) Promote campaigns that are more positive and focused on issues because candidates 20
1656	1656	will seek to appeal to opponents' supporters as a second choice. 21
1657	1657	17-29-3. Voter choice study commission -- Established -- Definitions. 22
1658	1658	(a) The voter choice study commission is hereby established for the purpose of studying 23
1659	1659	instant runoff voting and other advanced voting methods. 24
1660	1660	(b) As used in this chapter, unless the context otherwise requires, "Advanced voting 25
1661	1661	method" means a voting method that allows an elector to indicate a preference for more than one 26
1662	1662	candidate in an election and that determines the winner of the election by majority vote. "Advanced 27
1663	1663	voting method" includes, but is not limited to, instant runoff voting, approval voting, range voting, 28
1664	1664	and proportional voting. 29
1665	1665	(c) The voter choice study commission shall consist of sixteen (16) members selected as 30
1666	1666	follows: 31
1667	1667	(1) Eight (8) members to be appointed by the speaker of the house, no more than five (5) 32
1668	1668	of whom shall be from the same political party, and at least three (3) of whom shall be the clerk of 33
1669	1669	a city or town of this state; 34
1670	1670
1671	1671
1672	1672	LC000012 - Page 46 of 49
1673	1673	(2) Eight (8) members to be appointed by the president of the senate, no more than five (5) 1
1674	1674	of whom shall be from the same political party, at least three (3) of whom shall be the clerk of a 2
1675	1675	city or town of this state; and 3
1676	1676	(3) Provided, that all members of the study commission shall be registered voters of this 4
1677	1677	state at the time of their selection and at all times while they remain on said study group. 5
1678	1678	(d) Members of the voter choice study group shall be appointed no later than August 1, 6
1679	1679	2012. 7
1680	1680	(e) The voter choice study commission shall: 8
1681	1681	(1) Study advanced voting methods; 9
1682	1682	(2) Analyze the requirements for implementing advanced voting methods, including public 10
1683	1683	education, voting equipment and technology, ballot designs, the costs of conducting the pilot 11
1684	1684	project established by this chapter and using advanced voting methods in elections for state and 12
1685	1685	federal offices, and savings due to the elimination of primary general elections; 13
1686	1686	(3) Determine the level of public support for a change in voting methods; 14
1687	1687	(4) Review the experience of other states in conducting elections using advanced voting 15
1688	1688	methods; 16
1689	1689	(5) Recommend statutory changes to implement advanced voting methods in elections for 17
1690	1690	state and federal offices to be held in the state in 2014; 18
1691	1691	(6) Make recommendations on making all voting systems used in the state compatible with 19
1692	1692	advanced voting methods by 2014, including a review of the availability and costs of necessary 20
1693	1693	voting equipment; 21
1694	1694	(7) Make recommendations to the governing bodies and designated election officials of 22
1695	1695	political subdivisions of the state on preparing to conduct an election using an advanced voting 23
1696	1696	methods; and 24
1697	1697	(8) Consider changes to the state's statutes governing access to the ballot for presidential 25
1698	1698	candidates. 26
1699	1699	(f) The voter choice study commission shall present a report on its work to the general 27
1700	1700	assembly, the governor, and the secretary of state no later than November 1, 2013. 28
1701	1701	(g) The director of research of the legislative council and the director of the office of 29
1702	1702	legislative legal services shall provide staff assistance to the voter choice study commission. 30
1703	1703	(h) The members of the voter choice study commission shall serve without compensation; 31
1704	1704	except that the members shall be reimbursed for necessary expenses incurred in the performance 32
1705	1705	of their duties. 33
1706	1706	SECTION 18. Section 17-13-1 of the General Laws in Chapter 17-13 entitled "Primary 34
1707	1707
1708	1708
1709	1709	LC000012 - Page 47 of 49
1710	1710	Voting Lists" is hereby repealed. 1
1711	1711	17-13-1. Preparation and posting of preliminary lists. 2
1712	1712	(a) In conformity with the requirements of chapter 10 of this title relating to preliminary 3
1713	1713	lists generally, preceding the next primary election of a political party prior to a general election, 4
1714	1714	each local board shall, for the party, prepare and post in the local board of canvassers a separate list 5
1715	1715	of voters with their addresses in the districts who are eligible to participate in the primary of the 6
1716	1716	respective party in accordance with the provisions of chapter 15 of this title. Each list shall be 7
1717	1717	plainly marked with the name of the party for which it is prepared. 8
1718	1718	(b) In the preparation of any preliminary list, the names of all persons who are ineligible 9
1719	1719	by reason of the provisions of § 17-15-24 shall be stricken from the list, and those persons are 10
1720	1720	debarred from participating in the primary. 11
1721	1721	SECTION 19. Sections 17-15-6 and 17-15-33 of the General Laws in Chapter 17-15 12
1722	1722	entitled "Primary Elections" are hereby repealed. 13
1723	1723	17-15-6. Conventions and caucuses replaced -- Parties holding primaries -- Forms. 14
1724	1724	The primary elections held pursuant to this chapter shall replace the party conventions and 15
1725	1725	caucuses for making the nominations provided for in this title, but party conventions shall be held 16
1726	1726	for the purposes that are authorized by § 17-12-13. Primaries shall be held only by political parties. 17
1727	1727	Except as otherwise provided in this title, any and all forms prescribed by this chapter shall be 18
1728	1728	prepared and provided by the secretary of state and shall be, wherever practicable, uniform 19
1729	1729	throughout the state. 20
1730	1730	17-15-33. Tie vote. 21
1731	1731	If there is a failure to make a nomination or to elect a candidate to party office at any 22
1732	1732	primary by reason of a tie vote, the vacancy, if in respect to an office to be filled by the voters of 23
1733	1733	more than one city or town, shall be filled by the executive committee of the state committee of the 24
1734	1734	respective party, except in the case of a senatorial or representative committee the vacancy shall be 25
1735	1735	filled by the members of the senatorial or representative district committee, as the case may be, and 26
1736	1736	if in respect to an office other than a senatorial or representative district committee to be filled by 27
1737	1737	the voters of no more than one city or town, or a portion of a city or town, the vacancy shall be 28
1738	1738	filled by the city or town committee of the respective political party. The vacancy shall be filled 29
1739	1739	only by the choice of one of the candidates receiving the tie vote. The name of the candidate chosen 30
1740	1740	by the appropriate party committee shall be officially certified to the state board or local board, as 31
1741	1741	the case may be. 32
1742	1742
1743	1743
1744	1744	LC000012 - Page 48 of 49
1745	1745	SECTION 20. This act shall take effect on January 1, 2024 1
1746	1746	========
1747	1747	LC000012
1748	1748	========
1749	1749
1750	1750
1751	1751	LC000012 - Page 49 of 49
1752	1752	EXPLANATION
1753	1753	BY THE LEGISLATIVE COUNCIL
1754	1754	OF
1755	1755	A N A C T
1756	1756	RELATING TO ELECTIONS -- PRIMARY ELECTIONS
1757	1757	***
1758	1758	This act would change the process of nominating candidates for the general election, by 1
1759	1759	replacing the political party primary with a primary general election. This new election would allow 2
1760	1760	candidates for all recognized political parties and independents to run against each other on the 3
1761	1761	same ballot, with the top two (2) vote-getters for each available office, qualifying for the general 4
1762	1762	election. 5
1763	1763	This act would take effect on January 1, 2024. 6
1764	1764	========
1765	1765	LC000012
1766	1766	========