2021 -- H 5744

========

LC001975

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT

CANDIDATES

     Introduced By: Representative Jose F. Batista

     Date Introduced: February 24, 2021

     Referred To: House State Government & Elections

     (Board of Elections)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-14-8, 17-14-10 and 17-14-11 of the General Laws in Chapter 17-

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

follows:

     17-14-8. Signing of nomination papers.

     Not all endorsers of a candidate need sign on the same nomination papers, but endorsers

who are voters in different cities and towns shall not sign the same sheet. Every voter signing a

nomination paper shall sign in person with his or her name, place of residence, and street number,

as it appears on the voting list. In addition to in-person signature collection, nomination papers may

also be transmitted to the voter by the candidate for their endorsement signature, by mail or

electronic transmission. Electronic transmission includes email or facsimile. If the exact copied

image of the nomination paper is transmitted electronically, both the front and the back must be

transmitted to the voter and then returned by the voter to the candidate. Endorsers may download

and print a hard copy of the nomination papers and sign it by hand and write the voter's address on

the spaces provided. Endorsers may deliver signed nomination papers to the candidate in-person,

by mail or electronic transmission, with a scanned copy or photograph of the nomination paper,

sent by email or facsimile. Voters may also return the nomination paper directly to the local board

of canvassers by hand, mail, electronic transmission, or by depositing the nomination paper in a

designated drop box. Thereafter and prior to submission to the local board of canvassers, the

respective candidates must reproduce the two (2) pages of the signed nomination paper to a single,

double-sided sheet of paper and submit each such nomination paper sheet to the local board of

canvassers in a double-sided, hard copy paper format. Single-sided sheets or two (2) sheets stapled

or otherwise attached together are not acceptable. Nomination papers originally printed by the

secretary of state or local boards of canvassers may be reduced to a letter-sized document, so long

as the document is the exact copied image of the state or locally issued nomination paper and is

printed double-sided. The signature shall be accepted as valid if it can be reasonably identified to

be the signature of the voter it purports to be. A variation of the voter's signature by the insertion

or omission of identifying titles or by the substitution of initials for the first or middle names, or

both, shall not in itself be grounds for invalidation of the signature. Any voter who is unable to

write may sign by making his or her mark "X" on the nomination paper in the presence of two (2)

witnesses who shall subscribe their names on the paper as witnesses to the signing.

     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 ______________, of the city/town of____________________

under oath, make affidavit and say the pains and penalties of perjury, attest that the signers of the

within nomination paper (or papers) did so sign the paper (or papers) in my presence or

electronically transmitted the nomination(s) papers to me.

      _________________

     State of Rhode Island

     ______________________________, Sc.

     Subscribed and sworn to before me this ______________ day of _____________, A.D.

20____.

      _____________________

      Notary Public"

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

     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, on the twenty-eighth

(28th) day before the primary. All nomination papers must be submitted, in-person, by mail, or

electronically, including by email or facsimile, to the local board of canvassers, by four o'clock

(4:00) p.m. on the due date. In the event that the candidate returns the nomination papers

electronically, the candidate must submit the nominations to the email address or fax number, set

LC001975 - Page 2 of 4

forth on the local board of canvassers website. 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. 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. If any 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. If any challenged signature is

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

     SECTION 2. This act shall take effect upon passage.

========

LC001975

========

LC001975 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT

CANDIDATES

***

     This act would allow voters to endorse the nomination of candidacy documents by mail,

email, or facsimile and deliver them to the candidate or board of canvassers in-person, via mail,

email or facsimile. It would modify the affidavit language of persons obtaining nomination

signatures, to include an attestation concerning the actual electronic collection of signatures.

Finally, it would allow nomination papers to be delivered by candidates to board of canvassers in-

person, mail, email or facsimile, by the deadline.

     This act would take effect upon passage.

========

LC001975

========

LC001975 - Page 4 of 4