2007 -- S 1152

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LC03478

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2007

____________

A N A C T

RELATING TO ELECTIONS -- PRIMARY ELECTIONS

     Introduced By: Senator Leonidas P. Raptakis

     Date Introduced: October 30, 2007

     Referred To: Recommended for Immediate Consideration

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-12.1-1, 17-12.1-3, 17-12.1-4, and 17-12.1-7 of the General Laws

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in Chapter 17-12.1 entitled "Primaries for Election of Delegates to National Conventions and for

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Presidential Preference" is hereby amended to read as follows:

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     17-12.1-1. Date of primaries for election of delegates to national conventions. -- A

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primary election for the election of delegates to the national convention for each political party

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shall be held in the manner provided in this chapter on the first Tuesday in March 1996 February

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2008, and every fourth year thereafter.

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     17-12.1-3. Declaration of candidacy - Delegates. -- During the period between the sixty

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second (62nd) day through and including the sixty-fourth (64th) day fifty-fifth (55th) through and

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including the fifty-seventh (57th) day preceding a primary for election of delegates to a national

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convention, each voter desiring to be a delegate at the forthcoming convention shall, on the form

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that shall be provided by the secretary of state, sign his or her name as it appears on the voting list

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and file, not later than four (4:00) p.m. of the date of filing with the secretary of state, a

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declaration of candidacy which shall include the following information:

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      (1) His or her name and address as they appear on the voting list, party designation,

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place and date of birth, and length of residence in the state and in the town or city where he or she

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resides.

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      (2) A statement that, if elected, he or she would comply with all party rules of the

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national committee of the party designated in subdivision (1) of this section relating to delegates

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to national conventions and conducting of national conventions.

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     (3) If any candidate for delegate does not thereafter wish his or her name to appear on the

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ballot, the candidate shall, at least thirty-three (33) days prior to the date for the primary, file an

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affidavit with the secretary of state stating his or her name may not be placed on the ballot and the

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secretary of state shall not place that candidate's name on the ballot.

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     17-12.1-4. Presidential candidates. -- (a) Any person seeking the endorsement of a

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national political party for which a primary is being held shall, during the eighty-eight (88th)

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through and including the ninetieth (90th) day period between the sixty-ninth (69th) day through

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and including the seventy-first (71st) day preceding the presidential preference primary is being

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held, provide written notification to the secretary of state of his or her intention to run in the

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presidential preference primary. The notification shall include the candidate's name and address

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and a statement affirming their eligibility, under the laws and Constitution of the United States, to

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serve, if elected, in the office of President of the United States.

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      (b) (1) Upon receipt of the notification referred to in subsection (a) of this section, the

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secretary of state shall, by four o'clock (4:00) p.m. on the next business day, prepare petition

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papers for candidates who are eligible to serve in the office of President of the United States,

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clearly marked with the candidate's name, party designation, and the office the candidate seeks.

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      (2) The petition papers of a candidate for president shall be signed, in the aggregate, by

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at least one thousand (1,000) eligible voters and shall be submitted on or before four o'clock

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(4:00) p.m. in the afternoon of the sixty-ninth (69th) fifty-third (53rd) day before the presidential

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preference primary to the local board of the city or town where the signers appear to be voters,

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and the petition papers shall be checked, processed, and certified to the secretary of state by the

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local boards before four o'clock (4:00) p.m. in the afternoon of the fifty-forth (54th) forty-seventh

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(47th) day before the presidential preference primary. When nomination papers have been duly

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certified by the appropriate local boards of canvassers, they shall be conclusively presumed to be

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valid, unless written objections to them are made as to the eligibility of the candidate or the

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sufficiency of the nomination papers or the signatures on them. All objections shall be filed with

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the state board of elections by four o'clock (4:00) p.m. on the next business day after the last day

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fixed for local boards to file nomination papers with the secretary of state. Nothing in this section

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shall be construed to prevent the secretary of state from disqualifying a candidate based on the

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determination of the secretary of state that the nomination papers or the signatures on them are

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invalid or insufficient.

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     (c) The decision of the state board shall be rendered not later than four o'clock (4:00)

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p.m. on the forty-sixth (46th) thirty-fourth (34th) day before the presidential preference primary

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and shall immediately be certified by the state board to the secretary of state.

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     (d) If any candidate whose name has been announced as a presidential nominee does not

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thereafter wish his or her name to appear on the ballot, the candidate shall, at least forty-three

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(43) thirty-three (33) days prior to the date for the primary, file an affidavit with the secretary of

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state stating his or her name may not be placed on the ballot and the secretary of state shall not

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place that candidate's name on the ballot. Names of delegates committed to the withdrawn

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candidate, who are otherwise qualified, shall appear on the ballot as uncommitted.

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     17-12.1-7. Checking and certification of nomination papers. -- Each nomination paper

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of a candidate for delegate shall be submitted on or before four o'clock (4:00) p.m. in the

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afternoon of the forty-sixth (46th) fifty-third (53rd) day before the presidential preference primary

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to the local board of the city or town where the signers appear to be voters, and the nomination

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papers shall be checked, processed, and certified to the secretary of state by the local boards

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before four o'clock (4:00) p.m. in the afternoon of the fortieth (40th) forty-seventh (47th) day

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before the presidential preference primary. In addition, each candidate for delegate to a national

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convention may, on or before four o'clock (4:00) p.m. in the afternoon of the thirtieth (30th) day

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before the presidential primary, submit to the secretary of state documentation from a candidate,

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as set forth in section 17-12.1-4, that he or she has the approval of the candidate for presidential

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nominee or approval from the steering/screening committee to name the candidates' delegates to

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be identified with him or her.

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     (b) When nomination papers have been duly certified by the appropriate local boards of

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canvassers, they shall be conclusively presumed to be valid, unless written objections to them are

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made as to the eligibility of the candidate or the sufficiency of the nomination papers or the

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signatures on them. All objections shall be filed with the state board of elections by four o'clock

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(4:00) p.m. on the next business day after the last day fixed for local boards to file nomination

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papers with the secretary of state. Nothing in this section shall be construed to prevent the

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secretary of state from disqualifying a candidate based on the determination of the secretary of

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state that the nomination papers or the signatures on them are invalid or insufficient.

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     (c) The decision of the state board shall be rendered not later than four o'clock (4:00)

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p.m. on the thirty-third (33rd) thirty-fourth (34th) day before the presidential preference primary

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and shall immediately be certified by the state board to the secretary of state.

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     SECTION 2. Section 17-14-1.1 of the General Laws in Chapter 17-14 entitled

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"Nomination of Party and Independent Candidates" is hereby amended to read as follows:

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     17-14-1.1. Party affiliation. -- Whenever any person seeks elective office, that person

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shall not have been a member of a political party other than the declared political party within

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ninety (90) days of the filing of his or her declaration of candidacy, except for purposes of

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presidential primary elections in accordance with chapter 17-12.1, in which case the national

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party convention delegate candidate shall have been a member of their declared political party for

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at least thirty (30) days prior to filing their declaration of candidacy for presidential party primary

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delegate.

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     SECTION 3. This act shall take effect upon passage.

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LC03478

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS -- PRIMARY ELECTIONS

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     This act would amend the dates for the elections of and declaration of candidacy for

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delegates to national conventions and would reduce the length of time a person would need to be

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a member of a political party before filing a declaration to be a presidential party primary

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delegate.

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     This act would take effect upon passage.

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LC03478

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