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| 5 | 5 | | 2025 -- H 5381 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001111 |
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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. 2025 |
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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: Representatives Speakman, McGaw, Carson, Donovan, Tanzi, Boylan, |
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| 18 | 18 | | McEntee, and Ajello |
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| 19 | 19 | | Date Introduced: February 07, 2025 |
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| 20 | 20 | | Referred To: House State Government & Elections |
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| 21 | 21 | | (Secretary of State) |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Sections 17-14-1, 17-14-4, 17-14-11, 17-14-12, 17-14-13 and 17-14-14 of 1 |
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| 25 | 25 | | the General Laws in Chapter 17-14 entitled "Nomination of Party and Independent Candidates" are 2 |
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| 26 | 26 | | hereby amended to read as follows: 3 |
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| 27 | 27 | | 17-14-1. Declarations of candidacy. 4 |
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| 28 | 28 | | During the last consecutive Monday, Tuesday, and Wednesday in June in In the even years 5 |
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| 29 | 29 | | on the seventy-seventh (77th) and seventy-eighth (78th) day before the primary election held on 6 |
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| 30 | 30 | | the ninth (9th) Tuesday preceding biennial general statewide elections, or on the seventy-eighth 7 |
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| 31 | 31 | | (78th) and seventy-ninth (79th) day before a primary election held on the Wednesday after Labor 8 |
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| 32 | 32 | | Day pursuant to § 17-15-1, and during the thirty-ninth (39th) and fortieth (40th) days preceding a 9 |
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| 33 | 33 | | primary election for a special election for state or local office, or for an election for state or local 10 |
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| 34 | 34 | | office regularly scheduled for a time other than the biennial general statewide election, or during 11 |
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| 35 | 35 | | the sixty-seventh (67th) and sixty-eighth (68th) days preceding a primary election for a special 12 |
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| 36 | 36 | | election for federal office, or for an election for federal office regularly scheduled for a time other 13 |
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| 37 | 37 | | than the biennial general statewide election, each voter desiring to be a candidate at the upcoming 14 |
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| 38 | 38 | | primary or an independent candidate on final nomination papers shall, on a form that shall be 15 |
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| 39 | 39 | | provided by the secretary of state, file a declaration of their candidacy not later than four o’clock 16 |
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| 40 | 40 | | (4:00) p.m. of the last day for the filing with the secretary of state for congressional and statewide 17 |
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| 41 | 41 | | general offices, or with the local board of the place of the candidate’s voting residence for general 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001111 - Page 2 of 7 |
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| 45 | 45 | | assembly, or state committee or senatorial and representative district committee, or with the 1 |
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| 46 | 46 | | appropriate local board for local officers. The declaration shall be signed by the candidate as the 2 |
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| 47 | 47 | | candidate’s name appears on the voting list. The signature shall be accepted as valid if it can be 3 |
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| 48 | 48 | | reasonably identified to be the name and signature of the voter it purports to be. A variation of the 4 |
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| 49 | 49 | | voter’s signature by the insertion or omission of identifying titles or by the substitution of initials 5 |
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| 50 | 50 | | for the first or middle names or both shall not in itself be grounds for invalidation of the signature. 6 |
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| 51 | 51 | | The declaration shall also include the following information: 7 |
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| 52 | 52 | | (1) The candidate’s name as it appears on the voting list, subject to the same provisions as 8 |
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| 53 | 53 | | relate to the voter’s signature on the declaration; 9 |
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| 54 | 54 | | (2) The address as it appears on the voting list, provided that an address that is substantially 10 |
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| 55 | 55 | | the same as the address on the voting list shall be valid; 11 |
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| 56 | 56 | | (3) The party declaration if seeking to run in a party primary; 12 |
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| 57 | 57 | | (4) The office sought; 13 |
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| 58 | 58 | | (5) The place and date of birth; 14 |
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| 59 | 59 | | (6) The length of residence in the state and in the town or city where the candidate resides; 15 |
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| 60 | 60 | | (7) A certification that the candidate is neither serving a sentence, including probation or 16 |
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| 61 | 61 | | parole, for which the candidate was imprisoned upon final conviction of a felony imposed on any 17 |
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| 62 | 62 | | date nor serving any sentence, whether incarcerated or suspended, on probation or parole, upon 18 |
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| 63 | 63 | | final conviction of a felony committed after November 5, 1986; 19 |
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| 64 | 64 | | (8) A certification that the candidate has not been lawfully adjudicated to be non compos 20 |
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| 65 | 65 | | mentis, of unsound mind; 21 |
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| 66 | 66 | | (9) In the case of candidates for party nomination, a certification that the candidate has not 22 |
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| 67 | 67 | | been a member of a political party other than the declared party within ninety (90) days of the filing 23 |
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| 68 | 68 | | date, except in the case of candidates for party nomination for a special election for federal office, 24 |
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| 69 | 69 | | or for an election for federal office regularly scheduled for a time other than the biennial general 25 |
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| 70 | 70 | | statewide election, that person shall not have been a member of a political party other than the 26 |
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| 71 | 71 | | declared political party within thirty (30) days of the filing of their declaration of candidacy; and 27 |
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| 72 | 72 | | (10) If a person is a candidate for a state or local office, a certification that the person has 28 |
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| 73 | 73 | | not within the preceding three (3) years served any sentence, incarcerated or suspended, on 29 |
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| 74 | 74 | | probation or parole, for a crime committed after November 5, 1986, upon a plea of nolo contendere 30 |
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| 75 | 75 | | or guilty or upon a conviction of a felony or for a misdemeanor for which a sentence of 31 |
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| 76 | 76 | | imprisonment for six (6) months or more, whether suspended or to be served was imposed. 32 |
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| 77 | 77 | | 17-14-4. Preparation of nomination papers for candidates — Combination of 33 |
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| 78 | 78 | | endorsed candidates — Furnishing of nomination papers to candidates. [Effective January 1, 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001111 - Page 3 of 7 |
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| 82 | 82 | | 2025.] 1 |
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| 83 | 83 | | (a) Upon receipt of the declarations referred to in § 17-14-1, within two (2) business days 2 |
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| 84 | 84 | | of the final date for filing endorsements, the secretary of state for statewide candidates and the local 3 |
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| 85 | 85 | | board for general assembly and local candidates shall prepare nomination papers for each person 4 |
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| 86 | 86 | | who has filed a declaration of candidacy as provided in § 17-14-1; provided that, in years when 5 |
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| 87 | 87 | | there is a holiday during the preparation period, the secretary of state shall set the date the 6 |
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| 88 | 88 | | nomination papers shall be furnished to candidates. A minimum of three (3) sets of nomination 7 |
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| 89 | 89 | | papers shall be prepared for each candidate whose name appears on nomination papers containing 8 |
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| 90 | 90 | | the name of a candidate for general assembly and for local office. Nomination papers for voters 9 |
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| 91 | 91 | | from the city of Providence for the offices enumerated in § 17-14-1 shall be furnished by the 10 |
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| 92 | 92 | | secretary of state. Nomination papers shall be prepared with the name of the candidate as it appears 11 |
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| 93 | 93 | | on the voting list, notwithstanding that the candidate may have signed their declaration of candidacy 12 |
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| 94 | 94 | | other than as the candidate’s name appears on the voting list. Candidates for nomination for 13 |
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| 95 | 95 | | different offices endorsed by the appropriate committee of any party shall be combined on the same 14 |
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| 96 | 96 | | nomination papers. The names of candidates for different offices not endorsed by the appropriate 15 |
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| 97 | 97 | | committee of any party shall not be combined on the same nomination papers. Nomination papers 16 |
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| 98 | 98 | | for candidates for general assembly shall be furnished by the local board of the general assembly 17 |
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| 99 | 99 | | candidate. Nomination papers shall be furnished to the local boards by the secretary of state and 18 |
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| 100 | 100 | | each shall bear the imprint of the state coat of arms and any additional language required by law. 19 |
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| 101 | 101 | | Nomination papers shall be appropriately marked or color coded to indicate the different political 20 |
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| 102 | 102 | | parties, the endorsed and unendorsed candidates of those parties, and independent candidates. 21 |
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| 103 | 103 | | (b) Candidates for nomination may, at their own expense, have nomination papers 22 |
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| 104 | 104 | | duplicated in exact appearance and as prescribed in subsection (a) of this section. 23 |
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| 105 | 105 | | (c) Nomination papers furnished by the secretary of state shall be personally issued to the 24 |
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| 106 | 106 | | candidate, or in the case of combined nomination papers to one of the candidates, for whom they 25 |
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| 107 | 107 | | were prepared, or to an individual presenting written authorization from the candidate, or one of 26 |
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| 108 | 108 | | the candidates appearing on them, to receive the nomination papers. 27 |
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| 109 | 109 | | 17-14-11. Checking and certification of nomination papers — Challenge. [Effective 28 |
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| 110 | 110 | | January 1, 2025.] 29 |
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| 111 | 111 | | (a) Each nomination paper for party and independent candidates shall be submitted before 30 |
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| 112 | 112 | | four o’clock (4:00) p.m. on the sixtieth (60th) sixty-first (61st) day before the primary to the local 31 |
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| 113 | 113 | | board of the city or town where the signers appear to be voters or, in the case of special elections 32 |
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| 114 | 114 | | for state and local office, on the twenty-eighth (28th) day before the primary, or in the case of 33 |
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| 115 | 115 | | special elections for federal office, on the fifty-third (53rd) day before the primary. Nomination 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001111 - Page 4 of 7 |
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| 119 | 119 | | papers for independent presidential candidates and presidential candidates of political parties, other 1 |
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| 120 | 120 | | than those defined in § 17-1-2(9), shall be filed not later than sixty (60) sixty-seven (67) days prior 2 |
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| 121 | 121 | | to the general election. Each local board shall immediately proceed to check signatures on each 3 |
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| 122 | 122 | | nomination paper filed with it against the voting list as last canvassed or published according to 4 |
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| 123 | 123 | | law. 5 |
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| 124 | 124 | | (b) The local boards shall certify a sufficient number of names appearing on the nomination 6 |
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| 125 | 125 | | papers that are in conformity with the requirements of § 17-14-8 to qualify the candidate for a 7 |
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| 126 | 126 | | position on the ballot, and after considering any challenge under this section and, if necessary, 8 |
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| 127 | 127 | | certifying any additional valid names, shall immediately file nomination papers for statewide 9 |
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| 128 | 128 | | office, general assembly, and state and district committee candidates with the secretary of state; 10 |
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| 129 | 129 | | provided, that nomination papers for local candidates shall be retained by the local board. 11 |
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| 130 | 130 | | (c) If any candidate or an individual presenting written authorization from the candidate, 12 |
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| 131 | 131 | | or the chairperson of any party committee questions the validity or authenticity of any signature on 13 |
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| 132 | 132 | | the nomination paper, the local board shall immediately and summarily decide the question, and 14 |
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| 133 | 133 | | for this purpose, shall have the same powers as are conferred upon the board by the provisions of 15 |
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| 134 | 134 | | § 17-14-14. 16 |
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| 135 | 135 | | (d) If any challenged signature is found to be invalid, for any reason in law, or forged, then 17 |
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| 136 | 136 | | the signature shall not be counted. 18 |
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| 137 | 137 | | (e) The local canvassing clerk shall immediately notify the state board in writing and via 19 |
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| 138 | 138 | | electronic mail if the local canvassing clerk suspects a consistent pattern of forgery as prescribed 20 |
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| 139 | 139 | | by § 17-23-17 on the nomination papers of a local, state, or federal candidate. 21 |
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| 140 | 140 | | (1) The state board, upon notification of allegations of any consistent pattern of suspected 22 |
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| 141 | 141 | | forged signatures on nomination papers of a local, state, or federal candidate, shall review the 23 |
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| 142 | 142 | | allegations and, if determined to be with reasonable cause, shall, as soon as feasible notify all 24 |
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| 143 | 143 | | corresponding local canvassing clerks of the allegations of suspected forgery. 25 |
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| 144 | 144 | | (2) The state board, if it deems necessary, shall order a review of all nomination papers of 26 |
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| 145 | 145 | | a local, state, or federal candidate whose nomination papers include a consistent pattern of 27 |
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| 146 | 146 | | suspected forged signatures as prescribed in this subsection. The state board, in consultation with 28 |
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| 147 | 147 | | the Elections Committee of the Rhode Island Town and City Clerks’ Association, shall promulgate 29 |
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| 148 | 148 | | rules and regulations on the process to review nomination papers of a local, state, or federal 30 |
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| 149 | 149 | | candidate whose nomination papers include a consistent pattern of suspected forged signatures as 31 |
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| 150 | 150 | | prescribed in this subsection. 32 |
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| 151 | 151 | | (3) The state board shall explicitly determine and deliver, in writing and via electronic mail 33 |
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| 152 | 152 | | to the secretary of state, the findings of the review of the local, state, or federal candidate whose 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001111 - Page 5 of 7 |
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| 156 | 156 | | nomination papers include suspected forged signatures as prescribed in this subsection, and whether 1 |
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| 157 | 157 | | the determination affects a candidate’s qualification for a position on the ballot. 2 |
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| 158 | 158 | | 17-14-12. Filing of nomination papers. 3 |
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| 159 | 159 | | All nomination papers for state offices or officers and all certified lists of candidates for 4 |
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| 160 | 160 | | local offices or officers shall be filed in the office of the secretary of state (the certified lists by the 5 |
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| 161 | 161 | | respective local boards), not later than fifty-four (54) fifty-five (55) days before the date of the 6 |
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| 162 | 162 | | primary held to nominate candidates for general election; but when there is a primary to nominate 7 |
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| 163 | 163 | | candidates for any office mentioned in § 17-15-7 to be voted upon at a special election for state and 8 |
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| 164 | 164 | | local office, all nomination papers and lists of local candidates shall be filed in the office on or 9 |
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| 165 | 165 | | before the twenty-sixth (26th) day preceding the day of the special primary election, or when there 10 |
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| 166 | 166 | | is a primary to nominate candidates for any office listed in § 17-15-7 to be voted upon at a special 11 |
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| 167 | 167 | | election for federal office, all nomination papers and lists of local candidates shall be filed in the 12 |
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| 168 | 168 | | office on or before the forty-nineth (49th) day preceding the day of the special primary election. 13 |
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| 169 | 169 | | Nomination papers for independent presidential candidates and presidential candidates of political 14 |
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| 170 | 170 | | parties other than those defined in § 17-1-2(9) shall be filed in the office of the secretary of state 15 |
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| 171 | 171 | | by the local boards of canvassers not later than fifty-four (54) sixty-one (61) days before the date 16 |
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| 172 | 172 | | of the election. 17 |
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| 173 | 173 | | 17-14-13. Objections to eligibility of candidate or sufficiency of papers. 18 |
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| 174 | 174 | | When nomination papers have been duly filed and are in apparent conformity with § 17-19 |
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| 175 | 175 | | 14-11, they shall be conclusively presumed to be valid, unless written objections to them are made 20 |
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| 176 | 176 | | as to the eligibility of the candidate or the sufficiency of the nomination papers or the signatures on 21 |
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| 177 | 177 | | them. All objections for local candidates shall be filed at the local board by four o'clock (4:00) p.m. 22 |
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| 178 | 178 | | on the fifty-sixth (56th) day before the primary. All objections for federal and state candidates shall 23 |
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| 179 | 179 | | be filed in the office of the secretary of state or of the local board, as the case may be, by four 24 |
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| 180 | 180 | | o’clock (4:00) p.m. on the next business day after the last day fixed for filing nomination papers in 25 |
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| 181 | 181 | | the appropriate office as provided in this chapter fifty-fourth (54 |
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| 182 | 182 | | th |
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| 183 | 183 | | ) day before the primary. Nothing 26 |
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| 184 | 184 | | in this section shall be construed to prevent the secretary of state or the local board, as the case may 27 |
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| 185 | 185 | | be, from disqualifying a candidate based on the determination of the secretary of state or the local 28 |
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| 186 | 186 | | board, acting on its own motion, that the candidate is ineligible or the nomination papers or the 29 |
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| 187 | 187 | | signatures on them are invalid or insufficient. 30 |
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| 188 | 188 | | 17-14-14. Hearings on objections — Witnesses — Notice. [Effective January 1, 2025.] 31 |
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| 189 | 189 | | (a) All objections to nomination papers which are required to be filed with the secretary of 32 |
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| 190 | 190 | | state shall be considered by the state board. The secretary of state shall, when requested by the state 33 |
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| 191 | 191 | | board, immediately deliver to the board the nomination papers to which objection has been filed. 34 |
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| 192 | 192 | | |
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| 193 | 193 | | |
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| 194 | 194 | | LC001111 - Page 6 of 7 |
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| 195 | 195 | | The state board may, at the hearing on the objections, summon witnesses, administer oaths, and 1 |
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| 196 | 196 | | require the production of books, papers, and documents. The witnesses shall be summoned in the 2 |
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| 197 | 197 | | same manner, be paid the same fees, and be subject to the same penalties for default as witnesses 3 |
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| 198 | 198 | | before the superior court. A summons may be sworn to and an oath may be administered by the 4 |
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| 199 | 199 | | board. When an objection has been filed, notice of the objection shall be immediately given by 5 |
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| 200 | 200 | | registered or certified mail or by personal service by the state board to the candidates, addressed to 6 |
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| 201 | 201 | | the residence of the candidate as given in the nomination papers, and to any party committee 7 |
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| 202 | 202 | | interested in the nomination to which objection is made. The state board shall promulgate rules and 8 |
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| 203 | 203 | | regulations on challenges to nomination papers filed by any candidate, an individual presenting 9 |
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| 204 | 204 | | written authorization from the candidate, or the chairperson of any party committee that questions 10 |
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| 205 | 205 | | the validity or authenticity of any signature on the nomination paper of a candidate. 11 |
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| 206 | 206 | | (b) Additional notice may also be given by the state board if it sees fit to do so. The decision 12 |
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| 207 | 207 | | of the board shall be rendered within two (2) days for nomination papers for candidates 13 |
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| 208 | 208 | | participating in a primary election and thirty (30) days for nomination papers for candidates not 14 |
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| 209 | 209 | | participating in a primary election, exclusive of Sundays and holidays, after filing of objections and 15 |
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| 210 | 210 | | shall immediately be certified by the state board to the secretary of state. 16 |
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| 211 | 211 | | (c) All objections to nomination papers other than state and federal candidates shall be 17 |
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| 212 | 212 | | considered by the local board in the same manner and with the same effect as provided in subsection 18 |
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| 213 | 213 | | (a) of this section for hearing of objections to nomination papers for state and federal candidates 19 |
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| 214 | 214 | | by the state board. 20 |
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| 215 | 215 | | SECTION 2. Section 17-15-1 of the General Laws in Chapter 17-15 entitled "Primary 21 |
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| 216 | 216 | | Elections" is hereby amended to read as follows: 22 |
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| 217 | 217 | | 17-15-1. Date of primaries. 23 |
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| 218 | 218 | | A primary election for the nomination of candidates for each political party shall be held 24 |
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| 219 | 219 | | in each voting district in the manner provided in this chapter on the eighth ninth (9th) Tuesday 25 |
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| 220 | 220 | | preceding biennial state elections. Provided, however, that if the ninth (9th) Tuesday is the day after 26 |
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| 221 | 221 | | Labor Day, then the primary election shall be held on the next day, the Wednesday. 27 |
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| 222 | 222 | | SECTION 3. This act shall take effect on January 1 , 2026. 28 |
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| 224 | 224 | | LC001111 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC001111 - Page 7 of 7 |
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| 229 | 229 | | EXPLANATION |
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| 230 | 230 | | BY THE LEGISLATIVE COUNCIL |
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| 231 | 231 | | OF |
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| 232 | 232 | | A N A C T |
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| 233 | 233 | | RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT |
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| 234 | 234 | | CANDIDATES |
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| 235 | 235 | | *** |
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| 236 | 236 | | This act would amend several statutes relating to elections and the dates for primaries and 1 |
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| 237 | 237 | | dates within which to file nomination papers and object to nomination papers. 2 |
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| 238 | 238 | | This act would take effect on 3 |
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| 239 | 239 | | ======== |
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| 240 | 240 | | LC001111 |
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| 241 | 241 | | ======== |
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