| Chapter 122 |
| 2024 -- H 7664 SUBSTITUTE A Enacted 06/17/2024 |
| A N A C T |
| RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT CANDIDATES |
Introduced By: Representatives Speakman, Donovan, Alzate, Tanzi, Morales, McGaw, Cortvriend, Fogarty, Ajello, and Handy |
| Date Introduced: February 15, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 17-14-4, 17-14-10, 17-14-11 and 17-14-14 of the General Laws in |
| Chapter 17-14 entitled "Nomination of Party and Independent Candidates" are hereby amended to |
| read as follows: |
| 17-14-4. Preparation of nomination papers for candidates — Combination of |
| endorsed candidates — Furnishing of nomination papers to candidates. |
| (a) Upon receipt of the declarations referred to in § 17-14-1, within two (2) business days |
| of the final date for filing endorsements, the secretary of state for statewide candidates and the local |
| board for general assembly and local candidates shall prepare nomination papers for each person |
| who has filed a declaration of candidacy as provided in § 17-14-1. A minimum of three (3) sets of |
| nomination papers shall be prepared for each candidate whose name appears on nomination papers |
| containing the name of a candidate for general assembly and for local office. Nomination papers |
| for voters from the city of Providence for the offices enumerated in § 17-14-1 shall be furnished by |
| the secretary of state. Nomination papers shall be prepared with the name of the candidate as it |
| appears on the voting list, notwithstanding that the candidate may have signed his or her their |
| declaration of candidacy other than as the candidate’s name appears on the voting list. Candidates |
| for nomination for different offices endorsed by the appropriate committee on of any party shall be |
| combined on the same nomination papers. The names of candidates for different offices not |
| endorsed by the appropriate committee of any party shall not be combined on the same nomination |
| papers. Nomination papers for candidates for general assembly shall be furnished by the local board |
| of the general assembly candidate. Nomination papers shall be furnished to the local boards by the |
| secretary of state and each shall bear the imprint of the state coat of arms and any additional |
| language required by law. Nomination papers shall be appropriately marked or color coded to |
| indicate the different political parties, the endorsed and unendorsed candidates of those parties, and |
| independent candidates. |
| (b) General assembly and local candidates for nomination may, at their own expense, have |
| nomination papers duplicated. The signatures obtained on the duplicated nomination papers shall |
| be considered valid if, and only if, prior to any signatures being affixed, the duplicated nomination |
| papers have been time stamped by the secretary of state or local board of canvassers which issued |
| the original nomination papers Candidates for nomination may, at their own expense, have |
| nomination papers duplicated in exact appearance and as prescribed in subsection (a) of this section. |
| (c) Nomination papers furnished by the secretary of state shall be personally issued to the |
| candidate, or in the case of combined nomination papers to one of the candidates, for whom they |
| were prepared, or to an individual presenting written authorization from the candidate, or one of |
| the candidates appearing on them, to receive the nomination papers. |
| 17-14-10. Affidavit of person obtaining signatures. |
| Every person who obtains signatures of voters upon nomination papers shall under oath |
| sign the following statement: |
| “I, _______________________________________, of the city/town of |
| _______________________________________, under oath, make affidavit and say that the |
| signers of the within nomination paper (or papers) did so sign the paper (or papers) in my presence. |
| _______________________________________ |
| State of Rhode Island County of |
| _______________________________________, Sc. |
| Subscribed and sworn to before me this ___________ day of _____________________, |
| A.D. 20___________. |
| __________ |
| Signature of Notary Public |
| __________________________ |
| Printed Name of Notary Public |
| __________________________ |
| Notary Public ID Number |
| __________________________ |
| Date Commission Expires” |
| 17-14-11. Checking and certification of nomination papers — Challenge. |
| (a) Each nomination paper for party and independent candidates shall be submitted before |
| four o’clock (4:00) p.m. on the sixtieth (60th) day before the primary to the local board of the city |
| or town where the signers appear to be voters or, in the case of special elections for state and local |
| office, on the twenty-eighth (28th) day before the primary, or in the case of special elections for |
| federal office, on the fifty-third (53rd) day before the primary. Nomination papers for independent |
| presidential candidates and presidential candidates of political parties, other than those defined in |
| § 17-1-2(9), shall be filed not later than sixty (60) days prior to the general election. Each local |
| board shall immediately proceed to check signatures on each nomination paper filed with it against |
| the voting list as last canvassed or published according to law. |
| (b) The local boards shall certify a sufficient number of names appearing on the nomination |
| papers that are in conformity with the requirements of § 17-14-8 to qualify the candidate for a |
| position on the ballot, and after considering any challenge under this section and, if necessary, |
| certifying any additional valid names, shall immediately file nomination papers for statewide |
| office, general assembly, and state and district committee candidates with the secretary of state; |
| provided, that nomination papers for local candidates shall be retained by the local board. |
| (c) If any candidate or an individual presenting written authorization from the candidate, |
| or the chairperson of any party committee questions the validity or authenticity of any signature on |
| the nomination paper, the local board shall immediately and summarily decide the question, and |
| for this purpose, shall have the same powers as are conferred upon the board by the provisions of |
| § 17-14-14. |
| (d) If any challenged signature is found to be invalid, for any reason in law, or forged, then |
| the signature shall not be counted. |
| (e) The local canvassing clerk shall immediately notify the state board in writing and via |
| electronic mail if the local canvassing clerk suspects a consistent pattern of forgery as prescribed |
| by § 17-23-17 on the nomination papers of a local, state, or federal candidate. |
| (1) The state board, upon notification of allegations of any consistent pattern of suspected |
| forged signatures on nomination papers of a local, state, or federal candidate, shall review the |
| allegations and, if determined to be with reasonable cause, shall, as soon as feasible notify all |
| corresponding local canvassing clerks of the allegations of suspected forgery. |
| (2) The state board, if it deems necessary, shall order a review of all nomination papers of |
| a local, state, or federal candidate whose nomination papers include a consistent pattern of |
| suspected forged signatures as prescribed in this subsection. The state board, in consultation with |
| the Elections Committee of the Rhode Island Town and City Clerk's Clerks’ Association, shall |
| promulgate rules and regulations on the process to review nomination papers of a local, state, or |
| federal candidate whose nomination papers include a consistent pattern of suspected forged |
| signatures as prescribed in this subsection. |
| (3) The state board shall explicitly determine and deliver, in writing and via electronic mail |
| to the secretary of state, the findings of the review of the local, state, or federal candidate whose |
| nomination papers include suspected forged signatures as prescribed in this subsection, and whether |
| the determination affects a candidate's qualification for a position on the ballot. |
| 17-14-14. Hearings on objections — Witnesses — Notice. |
| (a) All objections to nomination papers which are required to be filed with the secretary of |
| state shall be considered by the state board. The secretary of state shall, when requested by the state |
| board, immediately deliver to the board the nomination papers to which objection has been filed. |
| The state board may, at the hearing on the objections, summon witnesses, administer oaths, and |
| require the production of books, papers, and documents. The witnesses shall be summoned in the |
| same manner, be paid the same fees, and be subject to the same penalties for default as witnesses |
| before the superior court. A summons may be sworn to and an oath may be administered by the |
| board. When an objection has been filed, notice of the objection shall be immediately given by |
| registered or certified mail or by personal service by the state board to the candidates, addressed to |
| the residence of the candidate as given in the nomination papers, and to any party committee |
| interested in the nomination to which objection is made. The state board shall promulgate rules and |
| regulations on challenges to nomination papers filed by any candidate, an individual presenting |
| written authorization from the candidate, or the chairperson of any party committee that questions |
| the validity or authenticity of any signature on the nomination paper of a candidate. |
| (b) Additional notice may also be given by the state board if it sees fit to do so. The decision |
| of the board shall be rendered within two (2) days, exclusive of Sundays and holidays, after filing |
| of objections and shall immediately be certified by the state board to the secretary of state. |
| (c) All objections to nomination papers for other than state officers and federal candidates |
| shall be considered by the local board in the same manner and with the same effect as provided in |
| subsection (a) of this section for hearing of objections to nomination papers for state officers and |
| federal candidates by the state board. |
| SECTION 2. This act shall take effect on January 1, 2025. |
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| LC004662/SUB A |
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