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| 5 | 5 | | 2023 -- S 0844 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001822 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDEN T |
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| 16 | 16 | | CANDIDATES |
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| 17 | 17 | | Introduced By: Senator Matthew L. LaMountain |
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| 18 | 18 | | Date Introduced: March 29, 2023 |
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| 19 | 19 | | Referred To: Senate Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 17-14-14 of the General Laws in Chapter 17-14 entitled "Nomination 1 |
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| 24 | 24 | | of Party and Independent Candidates" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 17-14-14. Hearings on objections — Witnesses — Notice. 3 |
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| 26 | 26 | | (a) All objections to nomination papers which are required to be filed with the secretary of 4 |
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| 27 | 27 | | state shall be considered by the state board. The secretary of state shall, when requested by the state 5 |
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| 28 | 28 | | board, immediately deliver to the board the nomination papers to which objection has been filed. 6 |
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| 29 | 29 | | The state board may, at the hearing on the objections, summon witnesses, administer oaths, and 7 |
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| 30 | 30 | | require the production of books, papers, and documents. The witnesses shall be summoned in the 8 |
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| 31 | 31 | | same manner, be paid the same fees, and be subject to the same penalties for default as witnesses 9 |
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| 32 | 32 | | before the superior court. A summons may be sworn to and an oath may be administered by the 10 |
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| 33 | 33 | | board. In the event that a local board rejects an endorser submitted on nomination papers, the local 11 |
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| 34 | 34 | | board shall state in writing the basis for the rejection of each endorser. Any objection to the local 12 |
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| 35 | 35 | | board's determination regarding an endorser on nomination papers must be supported by a written 13 |
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| 36 | 36 | | basis for the objection to each such determination. The state board shall not consider any challenge 14 |
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| 37 | 37 | | in the absence of a written basis to the local board's rejection of an endorser. When an objection 15 |
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| 38 | 38 | | has been filed, notice of the objection shall be immediately given by registered or certified mail or 16 |
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| 39 | 39 | | by personal service by the state board to the candidates, addressed to the residence of the candidate 17 |
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| 40 | 40 | | as given in the nomination papers, and to any party committee interested in the nomination to which 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001822 - Page 2 of 3 |
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| 44 | 44 | | objection is made. 1 |
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| 45 | 45 | | (b) Additional notice may also be given by the state board if it sees fit to do so. The decision 2 |
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| 46 | 46 | | of the board shall be rendered within two (2) seven (7) days, exclusive of Sundays and holidays, 3 |
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| 47 | 47 | | after filing of objections and shall immediately be certified by the state board to the secretary of 4 |
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| 48 | 48 | | state. 5 |
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| 49 | 49 | | (c) All objections to nomination papers for other than state officers shall be considered by 6 |
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| 50 | 50 | | the local board in the same manner and with the same effect as provided in subsection (a) of this 7 |
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| 51 | 51 | | section for hearing of objections to nomination papers for state officers by the state board. 8 |
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| 52 | 52 | | (d) The board of elections may promulgate regulations for objections to nomination papers. 9 |
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| 53 | 53 | | SECTION 2. This act shall take effect upon passage. 10 |
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| 54 | 54 | | ======== |
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| 55 | 55 | | LC001822 |
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| 56 | 56 | | ======== |
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| 57 | 57 | | |
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| 58 | 58 | | |
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| 59 | 59 | | LC001822 - Page 3 of 3 |
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| 60 | 60 | | EXPLANATION |
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| 61 | 61 | | BY THE LEGISLATIVE COUNCIL |
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| 62 | 62 | | OF |
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| 63 | 63 | | A N A C T |
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| 64 | 64 | | RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT |
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| 65 | 65 | | CANDIDATES |
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| 66 | 66 | | *** |
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| 67 | 67 | | This act would allow the board of elections to establish rules and regulations for objections 1 |
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| 68 | 68 | | to nomination papers and would allow the board seven (7) days to conduct a hearing. 2 |
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| 69 | 69 | | This act would take effect upon passage. 3 |
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| 70 | 70 | | ======== |
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| 71 | 71 | | LC001822 |
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| 72 | 72 | | ======== |
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| 73 | 73 | | |
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