2023 -- H 5649
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LC000869
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO ELECTIONS -- PRIMARIES FOR ELECTION OF DELEGATES TO
NATIONAL CONVENTIONS AND FOR PRESIDENTIAL PREFERENCE
Introduced By: Representatives Kislak, Dawson, Potter, Handy, Sanchez, Cotter,
Speakman, Donovan, McGaw, and Boylan
Date Introduced: February 15, 2023
Referred To: House State Government & Elections
It is enacted by the General Assembly as follows:
SECTION 1. Section 17-12.1-2 of the General Laws in Chapter 17-12.1 entitled "Primaries 1
for Election of Delegates to National Conventions and for Presidential Preference" is hereby 2
amended to read as follows: 3
17-12.1-2. Number of delegates to be elected — Method of election. 4
(a) At each primary there shall be elected for each congressional district of this state the 5
number of delegates and alternates that shall be determined by the national committee of the party 6
and certified to the secretary of state not later than the first Tuesday in January preceding the 7
primary by the state committee of the party. The method of election of candidates for delegate shall 8
be in accordance with party rules certified to the secretary of state by the chairperson of the state 9
committee on or before the first Tuesday in January of each year a primary is to be held pursuant 10
to this chapter. 11
(b) The presidential preference primary shall be conducted using ranked choice voting as 12
set forth in this chapter. The notice provided by the chairperson of a state committee under 13
subsection (a) of this section shall indicate whether the party prefers the presidential preference 14
primary tabulation to occur on a winner-take-all basis in accordance with § 17-12.1-17(b) or on a 15
proportional basis in accordance with § 17-12.1-17(c). The notice shall further indicate how 16
delegates are to be allocated and on what geographical basis delegates are to be allocated, whether 17
statewide, by congressional district, by other geographic unit, or a combination thereof. If the party 18
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requests tabulation occur on a proportional basis, the chairperson shall indicate what the applicable 1
threshold for receiving delegates in the presidential preference primary will be. If a party fails to 2
specify how to tabulate ballots, the presidential preference primary election for that party shall be 3
tabulated on a statewide winner-take-all basis in accordance with § 17-12.1-17(b). 4
(c) Nothing in this chapter shall be construed to preclude a political party from allocating 5
delegates according to its own rules for allocating such delegates. 6
SECTION 2. Section 17-12.1-4 of the General Laws in Chapter 17-12.1 entitled "Primaries 7
for Election of Delegates to National Conventions and for Presidential Preference" is hereby 8
amended to read as follows: 9
17-12.1-4. Presidential candidates. 10
(a) Any person seeking the endorsement of a national political party for which a primary 11
is being held shall, during the ninety-fourth (94th) through and including the ninety-sixth (96th) 12
day preceding the presidential preference primary being held, provide written notification to the 13
secretary of state of his or her intention to run in the presidential preference primary. When the 14
deadline falls on a Saturday, said written notification may be filed with the secretary of state on 15
that Saturday until noon (12:00) p.m. The notification shall include the candidate’s name and 16
address and a statement affirming their eligibility, under the laws and Constitution of the United 17
States, to serve, if elected, in the office of President of the United States. The notification shall also 18
include the name and contact information of the designee authorized by the presidential candidate 19
to act in his/her stead in Rhode Island. 20
(b)(1) Upon receipt of the notification referred to in subsection (a) of this section, the 21
secretary of state shall, by six o’clock (6:00) p.m. on the same day, prepare petition papers for 22
candidates who are eligible to serve in the office of President of the United States, clearly marked 23
with the candidate’s name, party designation, and the office the candidate seeks; provided, 24
however, that for notifications filed on a Saturday deadline by noon (12:00) p.m., petition papers 25
shall be prepared by two o’clock (2:00) p.m. on that Saturday. 26
(2) The petition papers of a candidate for president shall be signed, in the aggregate, by at 27
least one thousand (1,000) eligible voters and shall be submitted on or before four o’clock (4:00) 28
p.m. in the afternoon of the eighty-second (82nd) day before the presidential preference primary to 29
the local board of the city or town where the signers appear to be voters, and the petition papers 30
shall be checked, processed, and certified to the secretary of state by the local boards before four 31
o’clock (4:00) p.m. in the afternoon of the sixty-ninth (69th) day before the presidential preference 32
primary. When nomination papers have been duly certified by the appropriate local boards of 33
canvassers, they shall be conclusively presumed to be valid, unless written objections to them are 34
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made as to the eligibility of the candidate or the sufficiency of the nomination papers or the 1
signatures on them. All objections shall be filed with the state board of elections by four o’clock 2
(4:00) p.m. on the next business day after the last day fixed for local boards to file nomination 3
papers with the secretary of state. Nothing in this section shall be construed to prevent the secretary 4
of state from disqualifying a candidate based on the determination of the secretary of state that the 5
nomination papers or the signatures on them are invalid or insufficient. 6
(c) The decision of the state board shall be rendered not later than four o’clock (4:00) p.m. 7
on the sixty-third (63rd) day before the presidential preference primary and shall immediately be 8
certified by the state board to the secretary of state. 9
(d) If any candidate for presidential nomination does not qualify for ballot placement, the 10
names of delegates committed to this disqualified presidential candidate, who are otherwise 11
qualified, shall appear on the ballot in accordance with party rules. 12
(e) If any candidate whose name has been announced as a presidential nominee does not 13
thereafter wish his or her name to appear on the ballot, the candidate shall, at least sixty-three (63) 14
days prior to the date for the primary, file an affidavit with the secretary of state stating his or her 15
name may not be placed on the ballot and the secretary of state shall not place that candidate’s 16
name on the ballot. Said affidavit must be signed by the presidential candidate or his or her designee 17
on file with the office of the secretary of state. Names of delegates committed to the withdrawn 18
such candidate, who are otherwise qualified, shall appear on the ballot in accordance with party 19
rules. 20
(f) If any candidate whose name already appears on the ballot as a presidential nominee 21
chooses to withdraw from consideration prior to the date established for the presidential preference 22
primary election, that candidate shall file a signed letter of withdrawal with their national and state 23
party chairpersons in compliance with any applicable party rules that may exist governing the 24
timing, procedures, or substance of candidate withdrawals or suspensions. The candidate further 25
shall file an affidavit with the secretary of state stating that the candidate is a withdrawn candidate 26
and wishes to be treated as an inactive candidate in the tabulation conducted under § 17-12.1-17. 27
Such affidavit must be signed by the presidential candidate or the candidates designee on file with 28
the office of the secretary of state. 29
SECTION 3. Section 17-12.1-8 of the General Laws in Chapter 17-12.1 entitled "Primaries 30
for Election of Delegates to National Conventions and for Presidential Preference" is hereby 31
amended to read as follows: 32
17-12.1-8. Presidential preference primary. 33
(a) On the same date and at the same time as the election of delegates to national 34
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conventions, as provided in § 17-12.1-1, there shall be held a presidential preference primary for 1
each political party at which each party voter shall have one vote with the opportunity to vote rank 2
his or her preference preferences for his or her choice for one person which candidate should to be 3
the candidate presidential nominee of his or her party for president of the United States. The voter 4
shall also have the ability to rank “uncommitted” among his or her preferences. 5
(b) The secretary of state shall place on the ballot the name of all persons qualified as 6
candidates for presidential nominee as provided in § 17-12.1-4, and who have not filed with the 7
secretary of state the affidavit as provided in § 17-12.1-4(e). The lists of candidates for delegate 8
shall be placed on a separate portion of the ballot and shall be grouped by and clearly indicate 9
which candidate for presidential nominee approved the individual’s candidacy, and shall list under 10
the name of each candidate for presidential nominee, arranged by lot, the names of all candidates 11
for delegates to a national convention who submitted the approval of the candidate for presidential 12
nominee as set forth in § 17-12.1-7. All other candidates for delegates to a national convention shall 13
be listed on the ballot, arranged by lot, as uncommitted, unless otherwise specified in party rules. 14
SECTION 4. Section 17-12.1-9 of the General Laws in Chapter 17-12.1 entitled "Primaries 15
for Election of Delegates to National Conventions and for Presidential Preference" is hereby 16
amended to read as follows: 17
17-12.1-9. Voting for nominees and delegates — Designation of winning delegates. 18
(a) Each voter shall vote rank, within that voter’s party presidential preference primary, his 19
or her preferences among for the presidential nominees of that voter’s choice and or may express 20
among those preferences a ranking that voter’s choice for no nominee in a space provided and 21
designated “uncommitted.” 22
(b) Each voter shall vote, within that voter's party delegate election primary and for any or 23
all of the number of elected delegates allocated to Rhode Island by the respective national 24
committees. 25
(c) The number of delegates and the designation of the winning delegates shall be 26
determined pursuant to the rules of the political party filed with the secretary of state as provided 27
by this chapter. 28
SECTION 5. Section 17-12.1-11 of the General Laws in Chapter 17-12.1 entitled 29
"Primaries for Election of Delegates to National Conventions and for Presidential Preference" is 30
hereby amended to read as follows: 31
17-12.1-11. Form of ballot. 32
(a) The order on the ballot, subject to final determination of any objections filed with the 33
board of elections and the removal of said individual(s) by the secretary of state post-lot, of the 34
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presidential nominees and delegates and the uncommitted delegates shall be chosen by lot under 1
the direction of the secretary of state. 2
(b) Individuals committed to a particular presidential candidate or uncommitted shall 3
appear in a manner so that the candidates for delegates shall be readily identified with the 4
presidential candidate to whom they are committed or shall appear in a manner that clearly shows 5
they are uncommitted. 6
(c) No person shall appear on the ballot as a candidate for delegate more than once. 7
(d) There shall be nothing on the ballot to indicate or suggest any political party 8
endorsement. 9
(e) The secretary of state shall prepare and arrange the ballot for use in the primaries 10
authorized in this title, which shall include, as to the candidates for delegates, the person to whom 11
the candidates are committed and any other information and instruction that the secretary of state 12
shall deem necessary. 13
(f) The ballot shall allow voters to rank five (5) qualified presidential candidates in order 14
of choice. 15
SECTION 6. Section 17-12.1-12 of the General Laws in Chapter 17-12.1 entitled 16
"Primaries for Election of Delegates to National Conventions and for Presidential Preference" is 17
hereby amended to read as follows: 18
17-12.1-12. Definitions. 19
For the purposes of this chapter the following terms have the meaning indicated as follows: 20
(1) “Active candidate” means any candidate who has not been eliminated during tabulation 21
or is not a withdrawn candidate within the meaning of § 17-12.1-12(12). 22
(2) “Highest-ranked active candidate” means the active candidate assigned to a higher 23
ranking than any other active candidates on a ballot. 24
(3) “Inactive ballot” is a ballot that does not count for any candidate for any of the reasons 25
given in § 17-12.1-17(e). 26
(4) “Overvote” means an instance in which a voter has ranked more than one candidate at 27
the same ranking order. 28
(1)(5) “Political party” is defined as provided in § 17-1-2(9). 29
(6) “Ranking order” means the number available to be assigned by a voter to a candidate 30
to express the voter’s choice for that candidate. The number “1” is the highest ranking order, 31
followed by “2” and then “3” and so on. 32
(7) “Round” means an instance of the sequence of voting tabulation beginning with § 17-33
12.1-17(b)(1) for winner-take-all selection of delegates or § 17-12.1-17(c)(1) for proportional 34
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selection of delegates. 1
(8) “Skipped ranking” means a voter has left a ranking order unassigned but ranks a 2
candidate at a subsequent ranking order. 3
(9) “Threshold for receiving delegates” means the amount of votes necessary for a 4
presidential candidate to receive delegates in a presidential preference primary election conducted 5
in accordance with § 17-12.1-17(c). 6
(2)(10) “Uncommitted” means a candidate for delegate not approved by, obligated, or 7
committed to any particular presidential contender. 8
(11) “Undervote” means a ballot that does not contain any candidates at any ranking in a 9
particular contest. 10
(12) “Withdrawn candidate” means any candidate who filed all requisite letters or 11
affidavits required under § 17-12.1-4(f). 12
SECTION 7. Section 17-12.1-14 of the General Laws in Chapter 17-12.1 entitled 13
"Primaries for Election of Delegates to National Conventions and for Presidential Preference" is 14
hereby amended to read as follows: 15
17-12.1-14. Recount. 16
(a) Upon application, the state board of elections shall conduct a recount for a presidential 17
candidate or delegate for a winning candidate when there is a two hundred (200) or less vote 18
difference in the final round of tabulation between the losing candidate or delegate and the winner. 19
(b) Upon application, the state board of elections shall conduct a recount for a delegate for 20
a winning presidential candidate when there is a two hundred (200) or less vote difference between 21
the losing delegate and the winner. 22
(c) A recount under subsection (a) or (b) of this section Said recount shall be conducted by 23
re-reading the programmed memory device or devices and comparing the results and totals obtained 24
at such recount with the results and totals obtained on election night. 25
(b)(d) The state board shall have the authority to adopt rules and regulations to implement 26
and administer the provisions of this section. 27
SECTION 8. Chapter 17-12.1 of the General Laws entitled "Primaries for Election of 28
Delegates to National Conventions and for Presidential Preference" is hereby amended by adding 29
thereto the following section: 30
17-12.1-17. Ranked choice voting tabulation. 31
(a) In any state-administered presidential preference primary election for President of the 32
United States conducted using ranked choice voting, each ballot shall count as one vote for the 33
highest-ranked active candidate on that ballot. Withdrawn candidates shall be treated the same as 34
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candidates who have been eliminated from tabulation. A ranking of “uncommitted” shall be treated 1
the same as a ranking containing a candidate. Each round proceeds sequentially as described in 2
subsection (b) or (c) of this section, as applicable. 3
(b) If a party awards delegates to a single candidate on a winner-take-all basis, tabulation 4
shall proceed as follows: 5
(1) If two (2) or fewer active candidates remain, then tabulation is complete. Otherwise, 6
tabulation proceeds to subsection (b)(2) of this section. 7
(2) The active candidate with the fewest votes is eliminated, votes for the eliminated 8
candidate are transferred to each ballot’s next-ranked active candidate, and a new round begins 9
with subsection (b)(1) of this section. 10
(c) If a party awards delegates to multiple candidates on a proportional basis, tabulation 11
shall proceed as follows: 12
(1) If the vote total of every active candidate is above the party’s threshold for receiving 13
delegates, then tabulation is complete. Otherwise, tabulation proceeds to subsection (c)(2) of this 14
section. 15
(2) The active candidate with the fewest votes is eliminated, votes for the eliminated 16
candidate are transferred to each ballot’s next-ranked active candidate, and a new round begins 17
with subsection (c)(1) of this section. 18
(d) If two (2) or more candidates are tied with the fewest votes and tabulation cannot 19
continue until the candidate with the fewest votes is eliminated, then the candidate to be eliminated 20
shall be determined by lot. Election officials may resolve prospective ties between candidates prior 21
to tabulation after all votes are cast. The result of any tie resolution must be recorded and reused in 22
the event of a recount. 23
(e) An inactive ballot does not count for any candidate. A ballot is inactive if any of the 24
following is true: 25
(1) It does not contain any active candidates and is not an undervote. 26
(2) It has reached an overvote. 27
(3) It has reached two (2) consecutive skipped rankings. 28
(f) An undervote does not count as an active or inactive ballot in any round of tabulation. 29
(g) When the secretary of state certifies the results of the election, the secretary shall certify 30
the results of each round tabulated pursuant to subsection (b) or (c) of this section, as applicable, 31
along with any other information required under § 17-12.1-18, to the state chairperson and the 32
national committee of each political party that had at least one candidate on the state-administered 33
presidential primary election ballot to allocate national delegate votes in accordance with the party's 34
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state and national rules. 1
17-12.1-18. Results reporting. 2
(a) The secretary of state shall promulgate rules or guidance to facilitate the release of 3
unofficial preliminary round-by-round results and unofficial preliminary cast vote records as soon 4
as feasible after the polls close and at regular intervals thereafter until the counting of ballots is 5
complete. 6
(1) Unofficial preliminary round-by-round results shall be clearly labeled as preliminary 7
and, to the extent feasible, shall include the percent of ballots counted to date. 8
(2) Unofficial preliminary cast vote records shall be: 9
(i) Clearly labeled as preliminary and, to the extent feasible, shall include the percent of 10
ballots counted to date; 11
(ii) Published online in a publicly accessible, electronic format; and 12
(iii) Identifiable by precinct to the extent such identification can be provided consistent 13
with the need to maintain voter privacy. 14
(3) In adopting rules or guidance under this subsection, the secretary of state shall consult 15
with and allow for input from local election officials, and national and state party representatives. 16
(b) In addition to any other information required by law to be reported with final results, 17
the secretary of state shall make public: 18
(1) The total number of votes each candidate received in each round of the official 19
tabulation, including votes for withdrawn candidates; 20
(2) The total number of ballots that became inactive in each round because they did not 21
contain any active candidates, reached an overvote, or reached two (2) consecutive skipped 22
rankings, reported as separate figures; and 23
(3) The cast vote records in a publicly accessible, electronic format and in a manner 24
identifiable by precinct to the extent such identification can be provided consistent with the need 25
to maintain voter privacy. 26
(c) The secretary of state shall provide round-by-round results for each party on the 27
geographical basis or bases identified in the notice submitted by the chairperson of that party’s state 28
committee pursuant to § 17-12.1-2. 29
17-12.1-19. Rulemaking authority. 30
The secretary of state shall have the authority to promulgate whatever rules, regulations, 31
and procedures are necessary to implement this chapter. 32
SECTION 9. Nothing in this act shall be construed or implemented in a manner that would 33
effectively foreclose the use of or substantially increase the cost of adopting a ballot structure or 34
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voting system compatible with fusion voting. For the purposes of this act, fusion voting is an 1
electoral system that allows two (2) or more political parties to indicate their endorsement of a 2
single candidate for office on the ballot. 3
SECTION 10. If any provision of this act, or the application of any provision of this act to 4
any person or circumstance, is held to be unconstitutional, the remainder of this act and the 5
application of its provisions to any person or circumstance shall not be affected by the holding. 6
SECTION 11. This act shall take effect upon passage. 7
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO ELECTIONS -- PRIMARIES FOR ELECTION OF DELEGATES TO
NATIONAL CONVENTIONS AND FOR PRESIDENTIAL PREFERENCE
***
This act would establish the ranked choice voting for Rhode Island Presidential primaries 1
and provides for new sections on ranked choice voting tabulation and results reporting. 2
This act would take effect upon passage. 3
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LC000869
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