Rhode Island 2025 Regular Session

Rhode Island House Bill H6092 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDEN T
1616 CANDIDATES
1717 Introduced By: Representatives Voas, Potter, Kazarian, Alzate, and Stewart
1818 Date Introduced: March 14, 2025
1919 Referred To: House State Government & Elections
2020 (Secretary of State)
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 17-14-4, 17-14-7, 17-14-8, 17-14-11, 17-14-12 and 17-14-13 of the 1
2424 General Laws in Chapter 17-14 entitled "Nomination of Party and Independent Candidates" are 2
2525 hereby amended to read as follows: 3
2626 17-14-4. Preparation of nomination papers for candidates — Combination of 4
2727 endorsed candidates — Furnishing of nomination papers to candidates. [Effective January 1, 5
2828 2025.] 6
2929 (a) Upon receipt of the declarations referred to in § 17-14-1, within two (2) business days 7
3030 of the final date for filing endorsements, the secretary of state for statewide candidates and the local 8
3131 board for general assembly and local candidates shall prepare nomination papers for each person 9
3232 who has filed a declaration of candidacy as provided in § 17-14-1. A minimum of three (3) sets of 10
3333 nomination papers shall be prepared for each candidate whose name appears on nomination papers 11
3434 containing the name of a candidate for general assembly and for local office. Nomination papers 12
3535 for voters from the city of Providence for the offices enumerated in § 17-14-1 shall be furnished by 13
3636 the secretary of state. Nomination papers shall be prepared with the name of the candidate as it 14
3737 appears on the voting list, notwithstanding that the candidate may have signed their declaration of 15
3838 candidacy other than as the candidate’s name appears on the voting list. Candidates for nomination 16
3939 for different offices endorsed by the appropriate committee of any party shall be combined on the 17
4040 same nomination papers. The names of candidates for different offices not endorsed by the 18
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4444 appropriate committee of any party shall not be combined on the same nomination papers. 1
4545 Nomination papers for candidates for general assembly shall be furnished by the local board of the 2
4646 general assembly candidate. Nomination papers shall be furnished to the local boards by the 3
4747 secretary of state and each shall bear the imprint of the state coat of arms and any additional 4
4848 language required by law. Nomination papers shall be appropriately marked or color coded to 5
4949 indicate the different political parties, the endorsed and unendorsed candidates of those parties, and 6
5050 independent candidates. 7
5151 (b) Candidates for nomination may, at their own expense, have nomination papers 8
5252 duplicated in exact appearance and as prescribed in subsection (a) of this section. 9
5353 (c) Nomination papers furnished by the secretary of state shall be personally issued to the 10
5454 candidate, or in the case of combined nomination papers to one of the candidates, for whom they 11
5555 were prepared, or to an individual presenting written authorization from the candidate, or one of 12
5656 the candidates appearing on them, to receive the nomination papers. 13
5757 (d) During the timeframe prescribed in subsection (a) of this section and pursuant to § 17-14
5858 14-4.2, the secretary of state shall make available the online nomination paper portal for voters to 15
5959 electronically sign nomination papers of the candidate(s) for any office the voter may lawfully vote 16
6060 for at the general election. 17
6161 17-14-7. Number of signers required for nomination papers. Number of signers 18
6262 required for nomination papers and online nomination portal. 19
6363 (a) United States senator or governor. The nomination papers of a candidate for the party 20
6464 nomination or an independent candidate for presidential elector, United States senator, or governor 21
6565 shall be signed, in the aggregate, by at least one thousand (1,000) voters. Notwithstanding the 22
6666 foregoing, for the 2020 election only, the nomination papers of a candidate for the party nomination 23
6767 or an independent candidate for United States senator shall be signed, in the aggregate, by at least 24
6868 five hundred (500) voters. 25
6969 (b) Representative in Congress. The nomination papers of a candidate for the party 26
7070 nomination or an independent candidate for representative in Congress shall be signed, in the 27
7171 aggregate, by at least five hundred (500) voters. Notwithstanding the foregoing, for the 2020 28
7272 election only, the nomination papers of a candidate for the party nomination or an independent 29
7373 candidate for representative in Congress shall be signed, in the aggregate, by at least two hundred 30
7474 fifty (250) voters. 31
7575 (c) General state offices. The nomination papers of a candidate for the party nomination or 32
7676 an independent candidate for any of the general offices of the state, excluding governor, shall be 33
7777 signed, in the aggregate, by at least five hundred (500) voters. 34
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8181 (d) State senator. The nomination papers of a candidate for a party nomination or 1
8282 independent candidate for senator in any senatorial district shall be signed, in the aggregate, by at 2
8383 least one hundred (100) voters of the senatorial district. 3
8484 (e) State representative. The nomination papers of a candidate for party nomination or an 4
8585 independent candidate for a member of the house of representatives from any representative district 5
8686 shall be signed, in the aggregate, by at least fifty (50) voters of the representative district. 6
8787 (f) City offices. The nomination papers of a candidate for party nomination or an 7
8888 independent candidate for any local office to be filled by the voters of any city at large shall be 8
8989 signed, in the aggregate, by at least two hundred (200) voters of the city, provided that in the city 9
9090 of Newport, for at-large candidates or candidates for school committee, at least one hundred (100) 10
9191 signatures shall be required; provided, further, that in the city of Woonsocket, for candidates for 11
9292 citywide nonpartisan office, including city council, mayor, and candidates for school committee, if 12
9393 elected, at least one hundred (100) signatures shall be required; and provided, further that in the 13
9494 city of Providence, at least five hundred (500) signatures shall be required. 14
9595 (g) Voting district moderator or clerk. The nomination papers for a candidate for voting 15
9696 district moderator or clerk in any town shall be signed, in the aggregate, by at least ten (10) voters 16
9797 of the voting district. 17
9898 (h) Other offices. The nomination papers of a candidate for party nomination for other 18
9999 offices covered by § 17-15-7, or for the election of delegates or for unendorsed party committee 19
100100 candidates, shall be signed, in the aggregate, by fifty (50) voters. 20
101101 (i) Electronic signatures via the online nomination paper portal pursuant to § 17-14-4.2(a) 21
102102 shall count towards a candidate's aggregate total signatures as prescribed in subsections (a) through 22
103103 (h) of this section. 23
104104 17-14-8. Signing of nomination papers. Signing of nomination papers and electronic 24
105105 signature(s) in the online nomination paper portal. 25
106106 Not all endorsers of a candidate need sign on the same nomination papers, but endorsers 26
107107 who are voters in different cities and towns shall not sign the same sheet. Every voter signing a 27
108108 nomination paper shall sign in person with his or her name, place of residence, and street number, 28
109109 as it appears on the voting list. The signature shall be accepted as valid if it can be reasonably 29
110110 identified to be the signature of the voter it purports to be. A variation of the voter’s signature by 30
111111 the insertion or omission of identifying titles or by the substitution of initials for the first or middle 31
112112 names, or both, shall not in itself be grounds for invalidation of the signature. Any voter who is 32
113113 unable to write may sign by making his or her mark “X” on the nomination paper in the presence 33
114114 of two (2) witnesses who shall subscribe their names on the paper as witnesses to the signing. For 34
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118118 voters who electronically sign nomination papers using the online nomination paper portal, the 1
119119 voter's electronic signature shall be accepted if the voter meets all of the requirements prescribed 2
120120 by § 17-14-4.2(d). 3
121121 17-14-11. Checking and certification of nomination papers — Challenge. [Effective 4
122122 January 1, 2025.] 5
123123 (a) Each nomination paper, including those on the online nomination paper portal, for party 6
124124 and independent candidates shall be submitted before four o’clock (4:00) p.m. on the sixtieth (60th) 7
125125 day before the primary to the local board of the city or town where the signers appear to be voters 8
126126 or, in the case of special elections for state and local office, on the twenty-eighth (28th) day before 9
127127 the primary, or in the case of special elections for federal office, on the fifty-third (53rd) day before 10
128128 the primary. Nomination papers, including those on the online nomination paper portal, for 11
129129 independent presidential candidates and presidential candidates of political parties, other than those 12
130130 defined in § 17-1-2(9), shall be filed not later than sixty (60) days prior to the general election. Each 13
131131 local board shall immediately proceed to check signatures on each nomination paper filed with it 14
132132 and each electronic signature submitted via the online nomination paper portal against the voting 15
133133 list as last canvassed or published according to law. 16
134134 (b) The local boards shall certify a sufficient number of names appearing on the nomination 17
135135 papers and via the online nomination paper portal that are in conformity with the requirements of 18
136136 § 17-14-8 to qualify the candidate for a position on the ballot, and after considering any challenge 19
137137 under this section and, if necessary, certifying any additional valid names, shall immediately file 20
138138 nomination papers for statewide office, general assembly, and state and district committee 21
139139 candidates with the secretary of state; provided, that nomination papers for local candidates shall 22
140140 be retained by the local board. 23
141141 (c) If any candidate or an individual presenting written authorization from the candidate, 24
142142 or the chairperson of any party committee questions the validity or authenticity of any signature on 25
143143 the nomination paper or electronic signature via the online nomination paper portal, the local board 26
144144 shall immediately and summarily decide the question, and for this purpose, shall have the same 27
145145 powers as are conferred upon the board by the provisions of § 17-14-14. 28
146146 (d) If any challenged signature or electronic signature is found to be invalid, for any reason 29
147147 in law, or forged, then the signature or electronic signature shall not be counted. 30
148148 (e) The local canvassing clerk shall immediately notify the state board in writing and via 31
149149 electronic mail if the local canvassing clerk suspects a consistent pattern of forgery as prescribed 32
150150 by § 17-23-17 on the nomination papers or in the online nomination paper portal of a local, state, 33
151151 or federal candidate. 34
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155155 (1) The state board, upon notification of allegations of any consistent pattern of suspected 1
156156 forged signatures on nomination papers or electronic signatures via the online nomination paper 2
157157 portal of a local, state, or federal candidate, shall review the allegations and, if determined to be 3
158158 with reasonable cause, shall, as soon as feasible notify all corresponding local canvassing clerks of 4
159159 the allegations of suspected forgery. 5
160160 (2) The state board, if it deems necessary, shall order a review of all nomination papers of 6
161161 a local, state, or federal candidate whose nomination papers include a consistent pattern of 7
162162 suspected forged signatures as prescribed in this subsection. The state board, if it deems necessary, 8
163163 may order a review of all electronic signatures via the online nomination paper portal. The state 9
164164 board, in consultation with the Elections Committee of the Rhode Island Town and City Clerks’ 10
165165 Association, shall promulgate rules and regulations on the process to review nomination papers of 11
166166 a local, state, or federal candidate whose nomination papers include a consistent pattern of 12
167167 suspected forged signatures as prescribed in this subsection. 13
168168 (3) The state board shall explicitly determine and deliver, in writing and via electronic mail 14
169169 to the secretary of state, the findings of the review of the local, state, or federal candidate whose 15
170170 nomination papers include suspected forged signatures as prescribed in this subsection, and whether 16
171171 the determination affects a candidate’s qualification for a position on the ballot. 17
172172 17-14-12. Filing of nomination papers. 18
173173 All nomination papers, including those nomination papers on the online nomination paper 19
174174 portal, for state offices or officers and all certified lists of candidates for local offices or officers 20
175175 shall be filed in the office of the secretary of state (the certified lists by the respective local boards), 21
176176 not later than fifty-four (54) days before the date of the primary held to nominate candidates for 22
177177 general election; but when there is a primary to nominate candidates for any office mentioned in § 23
178178 17-15-7 to be voted upon at a special election for state and local office, all nomination papers and 24
179179 lists of local candidates shall be filed in the office on or before the twenty-sixth (26th) day preceding 25
180180 the day of the special primary election, or when there is a primary to nominate candidates for any 26
181181 office listed in § 17-15-7 to be voted upon at a special election for federal office, all nomination 27
182182 papers and lists of local candidates shall be filed in the office on or before the forty-nineth (49th) 28
183183 day preceding the day of the special primary election. Nomination papers, including those 29
184184 nomination papers on the online nomination paper portal, for independent presidential candidates 30
185185 and presidential candidates of political parties other than those defined in § 17-1-2(9) shall be filed 31
186186 in the office of the secretary of state by the local boards of canvassers not later than fifty-four (54) 32
187187 days before the date of the election. 33
188188 17-14-13. Objections to eligibility of candidate or sufficiency of papers. 34
189189
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192192 When nomination papers, including those nomination papers on the online nomination 1
193193 paper portal, have been duly filed and are in apparent conformity with § 17-14-11, they shall be 2
194194 conclusively presumed to be valid, unless written objections to them are made as to the eligibility 3
195195 of the candidate or the sufficiency of the nomination papers or the signatures including electronic 4
196196 signatures on them. All objections shall be filed in the office of the secretary of state or of the local 5
197197 board, as the case may be, by four o’clock (4:00) p.m. on the next business day after the last day 6
198198 fixed for filing nomination papers in the appropriate office as provided in this chapter. Nothing in 7
199199 this section shall be construed to prevent the secretary of state or the local board, as the case may 8
200200 be, from disqualifying a candidate based on the determination of the secretary of state or the local 9
201201 board, acting on its own motion, that the candidate is ineligible or the nomination papers or the 10
202202 signatures on them are invalid or insufficient. 11
203203 SECTION 2. Chapter 17-14 of the General Laws entitled "Nomination of Party and 12
204204 Independent Candidates" is hereby amended by adding thereto the following sections: 13
205205 17-14-4.2. Online nomination paper portal. 14
206206 (a) In addition to any other available means of signing nomination papers, the secretary of 15
207207 state shall establish and maintain an online nomination paper portal through which voters may 16
208208 electronically sign nomination papers of the candidate(s) for any office the voter may lawfully vote 17
209209 for at the general election. 18
210210 (b) The online nomination paper portal shall provide voters the ability to electronically sign 19
211211 the nomination papers for candidates for any office the voter may lawfully vote for at the general 20
212212 election. An electronic signature shall be considered the same as the voter's signature on a 21
213213 nomination paper as prescribed in this chapter. 22
214214 (c) A voter’s electronic signature shall be considered submitted on the calendar date and 23
215215 time the authorization is initially transmitted by the voter through the online nomination paper 24
216216 portal. 25
217217 (d) A voter shall electronically sign a candidate’s nomination paper when the voter: 26
218218 (1) Provides the voter’s first name, last name, date of birth, and zip code to access the 27
219219 online nomination paper portal; 28
220220 (2) Verifies the voter’s identity through the online nomination paper portal by providing 29
221221 the voter’s valid Rhode Island driver’s license number or state identification number; 30
222222 (3) Selects the intended candidate’s name using the online nomination paper portal as 31
223223 prescribed in this section; and 32
224224 (4) Affirms, subject to penalty of perjury, that the information the voter has provided is 33
225225 true and accurate to the best of their knowledge and belief. 34
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229229 (e) To ensure full, equal, and independent access to all voters with disabilities, the online 1
230230 nomination paper portal shall comply, at minimum, with all requirements under Title II of the 2
231231 Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165, and Web Content Accessibility 3
232232 Guidelines (WCAG) 2.0 compliance level AA. 4
233233 (f) The online nomination paper portal shall be fully implemented for the nomination paper 5
234234 process for the 2028 presidential preference primary and all subsequent elections thereafter. This 6
235235 subsection shall not be construed to prohibit the secretary of state from implementing the online 7
236236 nomination paper process for any special election that occurs prior to the 2028 presidential 8
237237 preference primary. 9
238238 (g) The secretary of state may promulgate rules and regulations to establish, maintain, and 10
239239 implement the online nomination paper portal as prescribed in this section. 11
240240 17-14-9.1. Application of electronic signature(s) via the online nomination paper 12
241241 portal. 13
242242 A voter may electronically sign the nomination paper for any number of candidate(s) for 14
243243 any office the voter may lawfully vote for at the general election. 15
244244 17-14-10.1. Voter attestation when using the online nomination paper portal. 16
245245 Voters using the online nomination paper portal shall affirm, subject to penalty of perjury, 17
246246 that the information the voter has provided via the online nomination paper portal is true and 18
247247 accurate to the best of their knowledge and belief. Voters using the online nomination paper portal 19
248248 shall meet all of the requirements prescribed by § 17-14-4.2(d). 20
249249 SECTION 3. Section 17-23-17 of the General Laws in Chapter 17-23 entitled "Election 21
250250 Offenses" is hereby amended to read as follows: 22
251251 17-23-17. Violations with respect to elections. 23
252252 (a) Any person is guilty of a felony who: 24
253253 (1) Makes a declaration of candidacy or obtains, circulates, or causes to be circulated his 25
254254 or her nomination papers for an office, knowing or with good reason to know that he or she is not 26
255255 qualified as provided in this title to be his or her party’s candidate for the office; 27
256256 (2) Knowingly or without reasonable and proper investigation makes any substantial 28
257257 misstatement in any declaration of candidacy, nomination paper, or affidavit provided for in this 29
258258 title; 30
259259 (3) Signs a nomination paper when he or she knows that he or she is not qualified to sign; 31
260260 (4) Votes or attempts to vote at any election when he or she knows or should know that he 32
261261 or she is not qualified to vote; 33
262262 (5) Votes or attempts to vote more than once at any election, or votes or attempts to vote 34
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266266 in more than one political party’s primary on the same day; 1
267267 (6) Votes or attempts to vote at any election under the name of any other person; 2
268268 (7) Willfully hinders the orderly conduct of any election; 3
269269 (8) Gives a false answer to any election official relative to his or her right to vote at the 4
270270 election; 5
271271 (9) Aids or abets a person not entitled to vote at any election in voting or attempting to vote 6
272272 under a name other than the voter’s name or in voting twice upon the voter’s name; 7
273273 (10) Willfully alters or makes any change, erasure, or additional check upon the voting list 8
274274 used or to be used at any election; or 9
275275 (11) Willfully violates any provisions of chapters 12 — 15 of this title for which violation 10
276276 a specific penalty is not provided. 11
277277 (b) Any person who unlawfully and knowingly signs the name of any other person on any 12
278278 nomination papers shall be guilty of a felony. 13
279279 (c) Any public officer or officer of a political party who willfully violates any of the 14
280280 provisions of chapters 12 — 15 of this title, or refuses or willfully neglects and omits to perform, 15
281281 in the manner and within the time prescribed, any duty imposed upon the officer by these chapters, 16
282282 or suffers or permits any alteration, erasure, or additional check to be made upon a voting list in the 17
283283 officer’s custody or control, shall be guilty of a felony. 18
284284 (d) For purposes of this chapter, “online nomination paper portal” shall also be construed 19
285285 to mean a “nomination paper” as prescribed in § 17-14-4.2. 20
286286 SECTION 4. This act shall take effect on January 1, 2027. 21
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293293 EXPLANATION
294294 BY THE LEGISLATIVE COUNCIL
295295 OF
296296 A N A C T
297297 RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT
298298 CANDIDATES
299299 ***
300300 This act would make several amendments to provide for an online nomination paper portal 1
301301 for election nomination papers. 2
302302 This act would take effect on January 1, 2027. 3
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