2019 -- S 0600

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LC001542

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO ELECTION - NOMINATION - DECLARATION OF CANDIDACY, AND

PRIMARY VOTES

     

     Introduced By: Senator Leonidas P. Raptakis

     Date Introduced: March 14, 2019

     Referred To: Senate Judiciary

     (Secretary of State)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-14-1, 17-14-11 and 17-14-12 of the General Laws in Chapter

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17-14 entitled "Nomination of Party and Independent Candidates" are hereby amended to read as

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follows:

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     17-14-1. Declarations of candidacy.

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     During the last first consecutive Monday, Tuesday, and Wednesday in June in the even

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years and during the thirty-ninth (39th) and fortieth (40th) days preceding a primary election for a

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special election, or for an election regularly scheduled for a time other than the biennial general

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statewide election, each voter desiring to be a candidate at the upcoming primary or an

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independent candidate on final nomination papers shall, on a form that shall be provided by the

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secretary of state, file a declaration of his or her candidacy not later than four (4:00) p.m. of the

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last day for the filing with the secretary of state for congressional and statewide general offices,

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or with the local board of the place of the candidate's voting residence for general assembly, or

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state committee or senatorial and representative district committee or with the appropriate local

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board for local officers. The declaration shall be signed by the candidate as his or her name

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appears on the voting list. The signature shall be accepted as valid if it can be reasonably

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identified to be the name and signature of the voter it purports to be. A variation of the voter's

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signature by the insertion or omission of identifying titles or by the substitution of initials for the

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first or middle names of both shall not in itself be grounds for invalidation of the signature. The

 

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declaration shall also include the following information:

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     (1) The candidate's name as it appears on the voting list, subject to the same provisions as

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relate to the voter's signature on the declaration;

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     (2) The address as it appears on the voting list, provided that an address which is

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substantially the same as the address on the voting list shall be valid;

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     (3) The party declaration if seeking to run in a party primary;

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     (4) The office sought;

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     (5) The place and date of birth;

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     (6) The length of residence in the state and in the town or city where he or she resides;

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     (7) A certification that he or she is neither serving a sentence, including probation or

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parole, for which he or she was imprisoned upon final conviction of a felony imposed on any date

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nor serving any sentence, whether incarcerated or suspended, on probation or parole, upon final

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conviction of a felony committed after November 5, 1986;

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     (8) A certification that he or she has not been lawfully adjudicated to be non compos

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mentis, of unsound mind;

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     (9) In the case of candidates for party nomination, a certification that he or she has not

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been a member of a political party other than the declared party within ninety (90) days of the

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filing date; and

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     (10) If a person is a candidate for a state or local office, a certification that the person has

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not within the preceding three (3) years served any sentence, incarcerated or suspended, on

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probation or parole, for a crime committed after November 5, 1986, upon a plea of nolo

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contendere or guilty or upon a conviction of a felony or for a misdemeanor for which a sentence

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of imprisonment for six (6) months or more, whether suspended or to be served as imposed.

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     17-14-11. Checking and certification of nomination papers -- Challenge.

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     Each nomination paper for party and independent candidates shall be submitted before

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four o'clock (4:00) p.m. on the sixtieth (60th) day before the primary to the local board of the city

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or town where the signers appear to be voters or, in the case of special elections, on the twenty-

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eighth (28th) day before the primary. Nomination papers for independent presidential candidates

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and presidential candidates of political parties, other than those defined in § 17-1-2(9), shall be

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filed not later than sixty (60) ninety (90) days prior to the general election. Each local board shall

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immediately proceed to check signatures on each nomination paper filed with it against the voting

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list as last canvassed or published according to law. In the case of candidates for statewide office,

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the local boards shall certify the number of names appearing on the nomination papers that are in

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conformity with the requirements of § 17-14-8, and after considering any challenge under this

 

LC001542 - Page 2 of 4

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section, shall immediately file all nomination papers for the officers with the secretary of state. In

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the case of all other candidates, the The local boards shall certify a sufficient number of names

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appearing on the nomination papers that are in conformity with the requirements of § 17-14-8 to

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qualify the candidate for a position on the ballot, and after considering any challenge under this

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section and, if necessary, certifying any additional valid names, shall immediately file nomination

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papers for statewide office, general assembly and state and district committee candidates with the

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secretary of state; provided, that nomination papers for local candidates shall be retained by the

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local board. If any candidate or the chairperson of any party committee questions the validity or

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authenticity of any signature on the nomination paper, the local board shall immediately and

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summarily decide the question, and for this purpose, shall have the same powers as are conferred

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upon the board by the provisions of § 17-14-14. If any challenged signature is found to be invalid,

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for any reason in law, or forged, then the signature shall not be counted.

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     17-14-12. Filing of nomination papers.

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     All nomination papers for state offices or officers and all certified lists of candidates for

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local offices or officers shall be filed in the office of the secretary of state (the certified lists by

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the respective local boards), not later than fifty-four (54) eighty-four (84) days before the date of

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the primary held to nominate candidates for general election; but when there is a primary to

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nominate candidates for any office mentioned in § 17-15-7 to be voted upon at a special election,

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all nomination papers and lists of local candidates shall be filed in the office on or before the

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twenty-sixth (26th) day preceding the day of the special primary election. Nomination papers for

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independent presidential candidates and presidential candidates of political parties other than

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those defined in § 17-1-2(9) shall be filed in the office of the secretary of state by the local boards

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of canvassers not later than fifty-four (54) days before the date of the election.

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     SECTION 2. Section 17-15-1 of the General Laws in Chapter 17-15 entitled "Primary

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Elections" is hereby amended to read as follows:

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     17-15-1. Date of primaries.

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     A primary election for the nomination of candidates for each political party shall be held

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in each voting district in the manner provided in this chapter on the second Tuesday after the first

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Monday in September third Tuesday after the first Monday in August in each even numbered

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year.

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     SECTION 3. This act shall take effect on January 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTION - NOMINATION - DECLARATION OF CANDIDACY, AND

PRIMARY VOTES

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     This act would set an earlier deadline for the filing of declaration of candidacy and

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nomination papers while also moving the party primary from September to August.

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     This act would take effect on January 1, 2020.

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