CHAPTER 139


98-S 3202
Enacted 7/7/98


A N     A C T

RELATING TO ELECTIONS

Introduced By: Senator Enos

Date Introduced : June 16, 1998

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 17-12 of the General Laws entitled "Party Committees and Conventions" is hereby amended by adding thereto the following section:

{ADD 17-12-2.1. Political Party State Committee Rules or By-Laws. -- ADD} {ADD All Political Party State Committee Rules or By-laws and any amendments thereto must be filed with the State Board of Elections within 30 days of their adoption. ADD}

{ADD If a political party duly adopts a rule or by-law consistent with state law relating to or effecting the conduct of an election held pursuant to title 17 as determined by the Board of Elections; such rule or by-law shall not effect any election which occurs less than 180 days following the date of filing of any such rule or by-law with the State Board of Elections, except that in 1998, such rule or by-law shall not effect any election which occurs less than 75 days following the date of filing of any such rule or by-law with the State Board of Elections. ADD}

SECTION 2. Section 17-23-17 of the General Laws in Chapter 17-23 entitled "Election Offenses" is hereby amended to read as follows:

17-23-17. Violations with respect to elections. -- (a) Any person shall be guilty of a felony who:

(1) Makes a declaration of candidacy or obtains, circulates, or causes to be circulated his or her nomination papers for an office, knowing or with good reason to know that he or she is not qualified as provided in this title to be his or her party's candidate for the office; or

(2) Knowingly or without reasonable and proper investigation makes any substantial misstatement in any declaration of candidacy, nomination paper, or affidavit provided for in this title; or

(3) Signs a nomination paper when he or she knows that he or she is not qualified so to sign; or

(4) Votes or attempts to vote at any election when he or she knows or should know that he or she is not qualified to vote; or

(5) Votes or attempts to vote more than once at any election, {ADD or votes or attempts to vote in more than one political party's primary on the same day ADD}; or

(6) Votes or attempts to vote at any election under the name of any other person; or

(7) Willfully hinders the orderly conduct of any election; or

(8) Gives a false answer to any election official relative to his or her right to vote at the election; or

(9) Aids or abets a person not entitled to vote at any election in voting or attempting to vote under a name other than the voter's name or in voting twice upon the voter's name; or

(10) Willfully alters or willfully makes any change, erasure, or additional check upon the voting list used or to be used at any election; or

(11) Willfully violates any provisions of chapters 12 through 15 of this title for which violation a specific penalty is not provided.

(b) Any person who unlawfully and knowingly signs the name of any other person on any nomination papers shall be guilty of a felony.

(c) Any public officer or officer of a political party who willfully violates any of the provisions of chapters 12 through 15 of this title; or refuses or willfully neglects and omits to perform, in the manner and within the time prescribed, any duty imposed upon the officer by these chapters; or suffers or permits any alteration, erasure, or additional check to be made upon a voting list in the officer's custody or control, shall be guilty of a felony.

SECTION 3. This act shall take effect upon passage.



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