Rhode Island 2025 Regular Session

Rhode Island House Bill H5312 Compare Versions

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

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5	5	2025 -- H 5312
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7	7	LC001204
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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. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO ELECTIONS -- LOCAL CANVASSING AUTHORITIES
16	16	Introduced By: Representatives Carson, and Shanley
17	17	Date Introduced: February 05, 2025
18	18	Referred To: House State Government & Elections
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Sections 17-8-1, 17-8-2 and 17-8-5 of the General Laws in Chapter 17-8 1
23	23	entitled "Local Canvassing Authorities" are hereby amended to read as follows: 2
24	24	17-8-1. Appointment of bipartisan authority. 3
25	25	(a) The legislative body of each city and town shall appoint a bipartisan canvassing 4
26	26	authority of three (3) qualified electors of the city or town, not more than two (2) of whom shall 5
27	27	belong to the same political party, and may shall appoint two (2) alternate members, not more than 6
28	28	one of whom shall belong to the same political party. At any meeting of the canvassing authority 7
29	29	at which a member is to be absent, the member may request that an alternate replace him or her for 8
30	30	that meeting; provided, that the alternate member must be of the same political party as the member. 9
31	31	The mayor, in cities and towns that elect a mayor, or the president of the town council, in cities and 10
32	32	towns with no elected mayor, shall, within thirty (30) days of receipt of lists, nominate the members 11
33	33	of the canvassing authority from lists of party voters submitted by the respective chairpersons of 12
34	34	the city or town political committee, which lists shall contain the names of five (5) times the number 13
35	35	of persons to be appointed. If the legislative body refuses to approve the nomination of any person 14
36	36	to the canvassing authority, the mayor or the president shall submit to the legislative body, within 15
37	37	thirty (30) days of the refusal, another person named on one of the lists, and so on until a person is 16
38	38	appointed. If the chairperson of the city or town committee of a political party entitled to an 17
39	39	appointment fails or refuses to submit a list, within thirty (30) days of notice of a vacancy, the 18
40	40	mayor or the council president, as the case may be, shall nominate any party voter of the political 19
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44	44	party entitled to the appointment. 1
45	45	(b) In any instance, in which a vacancy occurs and the remaining two (2) members of the 2
46	46	canvassing authority each belong to different political parties, the respective chairpersons of any 3
47	47	recognized city or town political party committee that has duly filed a biennial organization with 4
48	48	the canvassing authority, in accordance with § 17-12-9, shall each be entitled to submit a list, and 5
49	49	the mayor or the council president, as the case may be, shall nominate any party voter from any of 6
50	50	the submitted lists, in accordance with the procedures of subsection (a) of this section. 7
51	51	17-8-2. Term and qualifications for office. 8
52	52	(a) Each member of a local canvassing authority shall be appointed to serve for a term of 9
53	53	six (6) years beginning on the first Monday of March succeeding the date of his or her appointment 10
54	54	and until his or her successor is elected and qualified. No person shall be appointed or serve as a 11
55	55	member of the authority who is an officer or employee of the United States or of this state, or who 12
56	56	is an officer or employee of the authority’s city or town; provided, that in any city a member of the 13
57	57	authority may be employed as its clerk. Any member of the authority who becomes a candidate for 14
58	58	election to any public office and who fails to file a declination of the candidacy within the time 15
59	59	allowed by law shall be disqualified from holding membership upon the authority and his or her 16
60	60	successor shall be immediately elected. 17
61	61	(b) The fixed six (6) year terms of members of a local canvassing authority, shall expire on 18
62	62	a staggered basis on the first Monday of March in odd-numbered years; provided that, not more 19
63	63	than one member's term, shall expire in any odd-numbered year. If the term expiration dates on 20
64	64	record for any canvassing authority members are found to be in noncompliance with the provisions 21
65	65	of this section, the town or city clerk shall immediately correct them. 22
66	66	(c) The fixed six (6) year terms of alternates of a local canvassing authority shall expire on 23
67	67	the first Monday of March in any odd-numbered year. 24
68	68	17-8-5. Local boards — Powers and duties — Quorum. 25
69	69	(a) Each canvassing authority shall have and exercise the functions, powers, and duties 26
70	70	provided for local boards by this title or by any law not inconsistent with this title. It shall: 27
71	71	(1) Select one of its members as presiding officer and another as clerk of the board; 28
72	72	provided, that nothing in this title shall be deemed to affect the powers and duties of the town clerk 29
73	73	who shall be ex officio the clerk of the respective town canvassing authorities; and provided, 30
74	74	further, that in the cities of Pawtucket, Central Falls, Newport, Woonsocket, Cranston, and 31
75	75	Warwick, the clerk shall be designated at the time of his or her election or appointment; 32
76	76	(2) Have and discharge all of the functions, powers, and duties of the town council 33
77	77	concerning nominations, elections, registration of voters and canvassing rights, the preparing and 34
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81	81	correcting of voting lists, and other related matters, which powers are transferred to the local board; 1
82	82	(3) Make or furnish all returns or other things required by law to be made or furnished to 2
83	83	or by city clerks, boards of canvassers, and district clerks, relative to any matter within the purview 3
84	84	of this title; 4
85	85	(4) Appoint and employ all its necessary clerical and technical assistants and fix the 5
86	86	compensation of each person appointed, within the limits of funds available to it pursuant to law; 6
87	87	provided, that in the cities of Cranston and Woonsocket and the town of Coventry the employment 7
88	88	and compensation shall be subject to the approval of the respective city or town councils; 8
89	89	(5) The town or city clerk, or designee, in municipalities where the town or city clerk is by 9
90	90	law, charter, or ordinance charged with the functions of election administration, shall be the chief 10
91	91	local election official, primary administrative contact, and liaison from the canvassing authority 11
92	92	and local board to the secretary of state and to the state board of elections, except in towns and 12
93	93	cities where an election office, separate from the town or city clerk, is charged with election 13
94	94	administration, said chief local election official shall be designated by the local board and shall 14
95	95	hold the same duties. The chief local election official, upon taking office as city or town clerk, or 15
96	96	upon designation by the local board, as the case may be, shall designate an alternate local election 16
97	97	official, and shall at all times provide and maintain emergency contact information for, at minimum, 17
98	98	the chief local election official, the alternate local election official, and the chairperson of the board 18
99	99	of canvassers on file with the secretary of state and state board of elections; and 19
100	100	(6) The chief local election official shall, under the direction of the local board, have the 20
101	101	authority to coordinate with the secretary of state to add, modify, or revoke access to the statewide 21
102	102	central voter register for any system users in the municipality, who require it in order to carry out 22
103	103	the duties imposed on the canvassing authority by this title. 23
104	104	(b) A quorum of a local board for the purpose of receiving registrations shall be comprised 24
105	105	of one member of the board, and for all other purposes a quorum shall be comprised of two (2) 25
106	106	members. 26
107	107	SECTION 2. This act shall take effect on January 1, 2026. 27
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114	114	EXPLANATION
115	115	BY THE LEGISLATIVE COUNCIL
116	116	OF
117	117	A N A C T
118	118	RELATING TO ELECTIONS -- LOCAL CANVASSING AUTHORITIES
119	119	***
120	120	This act would require the respective party chairpersons to submit lists of party voters to 1
121	121	the mayor or council president, as the case may be, within thirty (30) days of notice of vacancy, in 2
122	122	a municipal election office and would require the mayor or council president to make a nomination 3
123	123	for a replacement to the council within thirty (30) days of receipt of the lists. It would also clarify 4
124	124	the term expiration dates for canvassing authority members and alternates, and would direct the 5
125	125	city or town clerk to make immediate corrections if the term expiration dates on record are found 6
126	126	to be in noncompliance with the provisions of this act. The act would require the local canvassing 7
127	127	board to designate a chief local election official, and for that designee to designate an alternate local 8
128	128	election official. It would further establish that the chief local election official is the only agent 9
129	129	authorized to request user access to the statewide central voter register via the secretary of state. 10
130	130	This act would take effect on January 1, 2026. 11
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