2023 -- H 5957 SUBSTITUTE A ======== LC002085/SUB A ======== S TATE OF RHODE IS LAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2023 ____________ A N A C T RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT CANDIDATES Introduced By: Representatives McGaw, Messier, Kazarian, Corvese, Kennedy, Azzinaro, Vella-Wilkinson, Craven, Speakman, and Tanzi Date Introduced: March 01, 2023 Referred To: House State Government & Elections (Board of Elections) It is enacted by the General Assembly as follows: SECTION 1. Section 17-14-14 of the General Laws in Chapter 17-14 entitled "Nomination 1 of Party and Independent Candidates" is hereby amended to read as follows: 2 17-14-14. Hearings on objections — Witnesses — Notice. 3 (a) All objections to nomination papers which are required to be filed with the secretary of 4 state shall be considered by the state board. The secretary of state shall, when requested by the state 5 board, immediately deliver to the board the nomination papers to which objection has been filed. 6 The state board may, at the hearing on the objections, summon witnesses, administer oaths, and 7 require the production of books, papers, and documents. The witnesses shall be summoned in the 8 same manner, be paid the same fees, and be subject to the same penalties for default as witnesses 9 before the superior court. A summons may be sworn to and an oath may be administered by the 10 board. In the event that a local board rejects an endorser submitted on nomination papers, the local 11 board shall state in writing the basis for the rejection of each endorser. Any objection to the local 12 board's determination regarding an endorser on nomination papers must be supported by a written 13 basis for the objection to each such determination. The state board shall not consider any challenge 14 in the absence of a written basis to the local board's rejection of an endorser. When an objection 15 has been filed, notice of the objection shall be immediately given by registered or certified mail or 16 by personal service by the state board to the candidates, addressed to the residence of the candidate 17 as given in the nomination papers, and to any party committee interested in the nomination to which 18 LC002085/SUB A - Page 2 of 3 objection is made. 1 (b) Additional notice may also be given by the state board if it sees fit to do so. The decision 2 of the board shall be rendered within two (2) three (3) days for nomination papers for candidates 3 participating in a primary election, and seven (7) days for nomination papers for candidates not 4 participating in a primary election, exclusive of Sundays and holidays, after filing of objections and 5 shall immediately be certified by the state board to the secretary of state. 6 (c) All objections to nomination papers for other than state officers shall be considered by 7 the local board in the same manner and with the same effect as provided in subsection (a) of this 8 section for hearing of objections to nomination papers for state officers by the state board. 9 (d) The board of elections may promulgate regulations for objections to nomination papers. 10 SECTION 2. This act shall take effect upon passage. 11 ======== LC002085/SUB A ======== LC002085/SUB A - Page 3 of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT CANDIDATES *** This act would allow the board of elections to establish rules and regulations for objections 1 to nomination papers and would allow the board three (3) days to render a decision on such 2 objection for candidates participating in a primary election, and seven (7) days to render a decision 3 on such objection for candidates not participating in a primary election. 4 This act would take effect upon passage. 5 ======== LC002085/SUB A ========