2025 -- H 5277

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LC000304

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO ELECTIONS -- PRIMARY ELECTIONS

     Introduced By: Representatives Corvese, Azzinaro, O'Brien, Slater, Noret, Read,
Kennedy, Hull, Phillips, and Baginski

     Date Introduced: January 31, 2025

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 17-15 of the General Laws entitled "Primary Elections" is hereby

amended by adding thereto the following section:

     17-15-7.1. Primary general elections.

     (a) The election process for all state and municipal offices shall include a preliminary

general primary election to determine which candidates qualify to run in the general election. This

newly created primary general election shall replace the traditional political party primary system

to reduce the field of candidates for public office for the general election.

     (b) Whenever an election is necessary, there shall be a primary general election to nominate

two (2) candidates in the general election for every one office to be filled. If there are two (2)

vacancies to be filled in the general election, then the four (4) highest vote getters in the general

primary, shall qualify for placement on the general election ballot.

     (c) The order of the qualifying candidates for the general election ballot shall mirror their

primary general election finish, with the highest vote-getter placed first, and so forth.

     (d) Each candidate running in the primary general election may have their legally

recognized political party designated on their ballot, as well as any legally recognized party

endorsement, which they may have received.

     (e) No qualified general primary candidate for the general election may change their

political designation on the general election ballot.

     SECTION 2. Sections 17-1-2, 17-1-3 and 17-1-7 of the General Laws in Chapter 17-1

entitled "General Provisions" are hereby amended to read as follows:

     17-1-2. Definitions.

     For the purposes this title, except as may otherwise be required by the context:

     (1) “Election” means the filling of any public office or the determination of any public

question by vote of the electorate, and includes without limitation any state, town, or city office or

question, and any political party primary election for the nomination of any candidate for public

office; except that it shall not include a financial town meeting or a meeting to elect officers of a

fire, water, or sewer district;

     (2) “General election” means an election held on the first Tuesday next after the first

Monday in November in even numbered years for the election of members of the general assembly

and/or for the election of general officers, and/or for the election of presidential electors for

president/vice-president of the United States;

     (3) “General officer” means an officer designated as a general officer by chapter 2 of this

title;

     (4) “Independent candidate” means a candidate who has no affiliation with any political

party;

     (5) “Local board” means a town or city board of canvassers, board of canvassers and

registration, canvassing authority, or any other local board, commission, or officer empowered by

law to have custody of the permanent registration records;

     (6) “Local election” means any election limited to the electorate of any city or town, or any

part, at which any city, town, ward, or district officers are to be chosen, or any elective meeting at

which a question is to be submitted to the voters of a city, town, or any subdivision of a city or

town, but it shall not include a financial town meeting;

     (7) “Party member” means any person who is a member of a designated political party

pursuant to § 17-9.1-23;

     (8) “Party voter” means any qualified voter who is eligible to vote at the primary election

of a political party;

     (9) “Political party” or “party” means: (i) any political organization which, at the next

preceding general election for the election of general officers, nominated endorsed a candidate for

governor, and whose candidate for governor at the election polled at least five percent (5%) of the

entire vote cast in the state for governor, or (ii) any political organization which at the next

preceding general election for the election of a president of the United States nominated a candidate

for president and whose candidate for president at the election polled at least five percent (5%) of

the entire vote cast in the state for president, or (iii) any political organization which, on petition

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forms provided to the chairperson of the organization by the state board of elections, obtains the

signatures and addresses of that number of registered qualified voters equal to five percent (5%) of

the entire vote cast in the state for governor or president in the immediately preceding general

election All the signatures must be obtained no earlier than January 1 of the year in which the

political organization desires to place endorse a candidate or candidates on any ballot as a “party”

candidate. If the political organization wishes to select its nominees endorse any of its members in

a primary general election, the petitions, bearing the requisite number of valid signatures, shall be

presented to the appropriate local boards of canvassers no later than June 1 of the same year. If the

petitions are validated by the local boards as containing the requisite number of valid signatures,

the political organization shall be deemed to be a political party for all elections held during the

year and may select its nominees members for endorsement in a primary any election. If the

political organization does not wish to select endorse any of its nominees members in a primary

general election, then the petitions need not be returned to local boards of canvassers until August

1 of the same year. An organization qualifying as a political party through the petition process shall

qualify as a political party only during the year in which signatures are obtained unless the

candidates for governor or president of the United States of the party at a general election held in

the year, shall receive five percent (5%) of the vote as provided in this subdivision for either

governor or president of the United States. If the candidates do not receive five percent (5%) of the

vote, the organization shall no longer qualify as a political party unless and until it shall, in a

subsequent year, once again qualify by the submission of petitions;

     (10) “Polling place” means the room in which any election or elective meeting is

conducted;

     (11) “Primary general election” means any election to select the candidates of a political

party held to eliminate all state and local candidates on the ballot, in excess of twice the number to

be elected in the general election, excluding the office of the President of the United States;

     (12) “Proposition” or “public question” means any question put to a referendum of the

electorate of the entire state or any part of it;

     (13) “Qualified voter” means any person who is eligible to vote under the requirements of

age, residence, and citizenship prescribed by the state constitution and who is duly registered to

vote, or who is exempt from registration, pursuant to this title, and who is not otherwise disqualified

as a voter pursuant to law;

     (14) “Special election” means any election other than a local election or primary general

election which is not held on a regular biennial general election day;

     (15) “State board” means the state board of elections constituted pursuant to this title;

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     (16) “State election” means any election at which any presidential electors, senator or

representatives in congress, general officers of the state, or members of the general assembly are to

be chosen, or at which a public question or an amendment to the Constitution is submitted to the

electors of the state;

     (17) “State officer” means the governor, lieutenant governor, secretary of state, attorney

general, general treasurer, state senator, and state representative;

     (18) “Vacancy in office” means the condition resulting from any failure to elect or appoint

an eligible and qualified person to public office, or the failure of any person duly elected or

appointed to qualify, or from the death, resignation, or removal of an incumbent prior to the

expiration of his or her term of office and where no fixed term is prescribed upon the death,

resignation, or removal;

     (19) “Voting list” means the complete list of all voters prepared from the information

contained in the original permanent registration records in the possession of the local board of

canvassers;

     (20) “Warden” includes “moderator” and vice versa;

     (21) Words importing the masculine gender shall include the feminine gender.

     17-1-3. Eligibility to vote.

     (a) Every citizen of the United States who is at least eighteen (18) years of age, whose

residence as defined in § 17-1-3.1 has been in this state for at least thirty (30) days, and in the town

or city and voting district in which that person desires to cast his or her vote at least thirty (30) days

next preceding the election, and who is registered in that city or town and voting district at least

thirty (30) days next preceding any election, shall be entitled to vote in the election; provided, a

person may vote in a primary general election only if that person is eligible under the provisions of

this title. A person who has not registered to vote, or whose registration has been canceled pursuant

to § 17-10-1, may cast a vote for president and vice-president on election day at the person’s city

or town hall or at an alternate location designated by the board of canvassers, and approved by the

board of elections, where such location is deemed necessary to better accommodate such voters.

The casting of that vote shall commence the process of voter registration and subject the person

voting to the requirements and penalties of this chapter.

     (b) Notwithstanding the provisions of subsection (a) of this section, any person who has

not yet reached age eighteen (18), but will be age eighteen (18) at the time of a general election,

may vote in a primary general election, in which candidates are nominated for a general or special

election.

     (c) The provisions of subsection (b) shall not extend to any other elections.

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     17-1-7. Uniform deadlines.

     Notwithstanding any other time specified for the filing of any paper or the doing of any act

pursuant to this title, a uniform deadline of 4:00 p.m. is established; provided, that applications for

emergency mail ballots must be received by 4:00 p.m. on the day prior to an election or primary

general election. If any filing deadline falls on a Saturday, Sunday, or holiday, the deadline shall

be construed to fall on the next subsequent business day; provided, that this does not apply to

registration to vote thirty (30) days prior to an election or primary general election, or change of

party designation thirty (30) days prior to an election or primary general election under the

requirements of § 17-9.1-24.

     SECTION 3. Section 17-3-7 of the General Laws in Chapter 17-3 entitled "General

Assembly Members" is hereby amended to read as follows:

     17-3-7. Nominations at special elections.

     For the elections provided for in §§ 17-3-5 and 17-3-6, certificates of nomination and

nomination papers may be filed twenty-eight (28) days prior to the date of those primary general

elections.

     SECTION 4. Sections 17-6-2, 17-6-5 and 17-6-6 of the General Laws in Chapter 17-6

entitled "Secretary of State" are hereby amended to read as follows:

     17-6-2. Primary elections Primary general elections.

     (a) The secretary of state shall, as otherwise provided by this title, prepare, print, and

distribute the following forms relating to primary general elections:

     (1) Declaration of candidacy;

     (2) Endorsement by party;

     (3) Primary general election nomination papers for national and state offices;

     (4) Certifications of the list of local candidates where primaries primary general elections

are to be conducted.

     (b) The secretary of state shall also receive and file primary general election nomination

papers; and shall consult with the state board with respect to its administration of primary general

elections.

     17-6-5. Registration lists available to political parties and candidates.

     (a) Upon application in writing, the secretary of state shall, upon request, furnish prepaid

at a reasonable price to be established annually by the secretary and at a reasonable time, to the

state chairperson of each political party and to each person proposing to be a duly qualified

candidate for state or congressional office and to no one else except as provided in this chapter,

lists of registered voters as they appear in the central voter registry of each city or town or of each

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senatorial or representative district, or of each congressional district.

     (b) These lists, so furnished, shall be used by the chairpersons for political purposes, or by

the candidates only in the furtherance of candidacy for political office in the ensuing primary

general and/or general election and for no other purpose. The information available for each

registrant shall consist only of the name, designation of party affiliation, street address, city or town,

congressional district, senatorial district, representative district, ward, and/or precinct and nothing

else.

     (c) The price for these lists shall include update subscriptions as available to the date of the

election for which the lists have been requested. These updates shall reflect changes to the registry

records, including all new and deleted voters as received by the secretary of state.

     17-6-6. Oath required as to use of lists.

     Every person receiving the registry lists shall take and subscribe to the following oath:

     “I understand that the lists requested by me are the property of the state of Rhode Island

and (I affirm that I am the state chairperson of the ____ party); (I proposed to be a duly qualified

candidate in the next following primary general and/or general election); and that I am a person

authorized by § 17-6-5 to receive a copy of the registry lists described; and I further affirm that the

lists will be used only for the purposes prescribed and for no other use and that I will not permit the

use of or copying of the lists by unauthorized persons.

     ____________________

     Signature of purchaser

     Subscribed and sworn to before me at ____, this ____ day of ____, 20____.

     ____________________

     Notary public”

     SECTION 5. Sections 17-9.1-5, 17-9.1-16 and 17-9.1-24 of the General Laws in Chapter

17-9.1 entitled "Registration of Voters" are hereby amended to read as follows:

     17-9.1-5. Local registration agents.

     (a) The several local boards shall appoint a sufficient number of agents who shall serve

throughout each year for the purpose of receiving registrations of persons residing in the city or

town in which the agent was appointed to act. The agents shall be sworn to the faithful performance

of their duties, shall be subject to removal by the local board, and shall have power to accept

registrations on Sundays and at any other time or place designated by the local board, whether in

or out of the presence of the members of the local board. In addition, all members of the general

assembly shall have the power to accept registration on Sundays and any other day, and the local

boards of canvassers shall provide all registration forms to the general assembly members.

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     (b) The several local boards or their agents shall additionally hold a special registration

session in any factory, mill, wholesale or retail or other employing establishment, or hospital, home

for aged, or convalescent home within their city or town in the even numbered years on or before

July 5th for the state primary general election, and on or before August 5th for the state election, if

in the case of the primary general election a request for the special registration session is made

during the months of May or June, and in the case of the election a request for the special

registration is made during the months of June and July by ten (10) or more voters of the city or

town filing a petition with the local board for the holding of a special registration session in the

factory, mill, wholesale or retail or other employing establishment, or hospital, home for aged, or

convalescent home, signed by them with their names and addresses as they appear on voting lists

of the city or town, and stating that ten (10) or more persons employed in the factory, mill,

wholesale or retail or other employing establishment, or convalescent home desire and are entitled

to be registered in the city or town. The special registration session shall then be held if, at the time

the petition is filed, the local board is in receipt of permission in writing from the tenant, or, if there

is no tenant, from the owner of the factory, mill, wholesale or retail or other employing

establishment, or the operator of the hospital, home for aged, or convalescent home to use their

premises for the purpose of holding the special session.

     17-9.1-16. Procedure on change of address — Fail-safe voting provisions.

     (a) Change of address within the same city or town.

     (1) A registered voter who has moved from a residence address within a voting district to

another residence address within the same voting district and who has not notified the local board

of the change of residence address thirty (30) days or more prior to the election shall be permitted

to vote at the polling place designated for the voting district or at the local board upon completion

of a written affirmation form which shall record the voter’s change of address within the voting

district. The form may be completed by the voter at the polling place designated for the voting

district and thereafter transmitted, after the close of the polls, to the local board or may be completed

at the local board.

     (2) Any registered voter who has moved his or her residence from one residence address

to another residence address within the same city or town and who has not notified the local board

of the change of residence address thirty (30) days or more prior to the election shall be permitted

to vote as follows:

     (i) A registered voter who has moved from a residence address in one voting district to a

residence address in another voting district within the same city or town thirty (30) days or more

preceding an election shall be permitted to vote a full ballot at the polling place of the new residence

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address or at the local board upon completion of an affirmation form which shall record the voter’s

change of address. If the form is completed at the polling place, the form shall be forwarded to the

local board after the close of the polls; or

     (ii) Any registered voter who has moved less than thirty (30) days preceding an election

from one address to another address within a different voting district within the same city or town

shall be permitted to vote at the polling place of the former address or at the local board and is

entitled to vote the full ballot for the old polling place upon completion of an affirmation form

which shall record the voter’s change of address.

     (3) Any registered voter to whom a confirmation mailing was sent by either the state board

or a local board, based upon information other than change of address information received from

or through the postal service, shall be placed on the inactive list of voters if the recipient of the

confirmation mailing fails to return the related confirmation card. If the voter continues to reside

in the same city or town and at the residence address currently recorded on the voter’s registration

card or at a residence address within the same voting district, the voter shall be permitted to vote at

the polling place for that residence address upon signing an affirmation form. If the voter has moved

to a new residence address within the same city or town but within a different voting district the

registered voter shall be permitted to vote a full ballot at the polling place of the new residence

address or at the local board upon completion of an affirmation form which shall record the voter’s

change of address.

     (4) Any registered voter to whom a confirmation mailing was sent by either the state board

or a local board, based upon change of address information provided by or through the postal

service, shall not be placed on the inactive list even if the recipient of the confirmation mailing fails

to return the related confirmation card. The registered voter shall be permitted to vote at the polling

place of the new residence address or the local board without the requirement of signing an

affirmation form. If the change of address information provided by or through the postal service

was in error, the registered voter shall be permitted to vote at the polling place of his or her former

address or at the local board upon signing the required affirmation form.

     (b) Change of address from one city or town to another city or town.

     (1) A voter who has moved his or her residence, as defined in § 17-1-3.1, from the address

at which the voter is registered to another within a different city or town shall be required to register

in the city or town to which the voter has moved; provided, that no person qualified to vote in any

city or town in this state shall lose his or her right to vote in that city or town by reason of his or

her removal to another city or town in this state during the thirty (30) days, less one day, next

preceding an election or primary general election in the former city or town.

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     (2) That a voter who remains within the state, although he or she fails to register in the city

or town to which the voter has moved within time to vote in the city or town, shall be permitted to

vote by special paper ballot to be provided by the secretary of state upon application for it approved

by the board of canvassers of the voter’s former city or town for federal and statewide elected

officials only during the six (6) months, less one day, next preceding an election or primary general

election.

     (c) Persons erroneously excluded from certified voting list. Any voter finding that his or

her name is not on the certified voting list of his or her city or town being used at any election may

cast a provisional ballot in accordance with § 17-19-24.1.

     17-9.1-24. Change of designation.

     (a) Any person who has designated his or her party affiliation pursuant to § 17-9.1-23 may

change the designation on or before the thirtieth day preceding any primary general election for

which the person is eligible. Whenever any person desires to change his or her party designation,

that person shall submit to the local board of the city or town in which that person has his or her

residence, as defined in § 17-1-3.1, or before the clerk or other duly authorized agent of the board,

and shall change his or her party designation and, after the information has been recorded on the

form furnished for that purpose, the person shall sign his or her name and certify to the truth of the

facts recorded in the appropriate spaces in the form. For the convenience of persons voting at a

primary general election, forms for changing party designation shall be available at all primary

general election polling places. The presence of the forms at the primary general election polling

place shall not be construed to allow a person to change his or her party designation within thirty

(30) days preceding the primary general election.

     (b) [Deleted by P.L. 2019, ch. 109, § 1 and P.L. 2019, ch. 141, § 1.]

     (c) [Deleted by P.L. 2019, ch. 109, § 1 and P.L. 2019, ch. 141, § 1.]

     SECTION 6. Section 17-10-3 of the General Laws in Chapter 17-10 entitled "Canvassing

the Lists of Qualified Electors" is hereby amended to read as follows:

     17-10-3. Publication of preliminary lists.

     (a) Immediately after the close of registration for each general election and each primary

general election for a general election, the local board shall publish and post a preliminary list of

all persons who appear from the registration cards to be duly registered to vote at the next ensuing

election. The preliminary list for a primary general election shall be subject to the requirements of

chapter 13 of this title. The preliminary list shall contain the names and addresses of registered

voters arranged in the same order as the file of original registration cards. The preliminary list shall

be computer generated from the statewide central voter registry system. The list shall be available

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for public inspection at the local board of canvassers, where the list shall be open to examination

at all reasonable times. The local board shall, upon request, furnish without charge and without

unreasonable delay, five (5) copies of the preliminary list to the state, city, or town chairperson of

any political party.

     (b) The preliminary list shall be deemed a public record; and any elector of the city or town,

upon request, shall be given a copy of the list upon payment of no more than the actual cost of

reproduction.

     (c) The preliminary list shall contain the following language in bold print:

     “You must be registered to vote from your actual place of residence.”

     SECTION 7. Sections 17-12-1, 17-12-2, 17-12-4, 17-12-5, 17-12-6 and 17-12-14 of the

General Laws in Chapter 17-12 entitled "Party Committees and Conventions" are hereby amended

to read as follows:

     17-12-1. Selection of state committees.

     Party state committees shall be selected in the manner provided by statute or party rule.

Any party may, by a duly enacted party rule, elect to choose the members of its party state

committee pursuant to the provisions of chapter 15 of this title or by any other method agreeable to

the party state committee; provided, that where the method of selecting party state committee now

in force is by caucus, selection shall subsequently be made at a primary election pursuant to the

provisions of chapter 15 of this title continue until another method of selection is adopted by the

party state committee.

     17-12-2. Composition and powers of state committees.

     The state committee of a political party shall be composed as determined by the party. It

shall have:

     (1) General oversight of all conventions of its party;

     (2) Power to make rules not inconsistent with law for the guidance and control of all the

political committees of its party;

     (3) Power to make a final nomination for any state office for which no primary general

nomination has been made and any local office for which no nomination has been made by any

authorized city, town, ward, or district committee or any duly authorized subcommittee; provided,

that the state committee shall not be permitted, more than twenty-four (24) hours after the deadline

for the filing of declarations of candidacy, to make a nomination for any office upon the failure of

a candidate of that party to file for that public office. Nominations for such office shall be filed in

the same location as the declaration of candidacy for such office pursuant to the requirements of §

17-14-1 of the general laws. Individuals nominated under this section must have been eligible for

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the nomination on the dates as required by and pursuant to the requirements of §§ 17-14-1.1, 17-

14-2 and 17-14-2.1 of the general laws and must then meet the respective requirements for filing

sufficient nomination papers set forth in chapter 14; and

     (4) Power to fill vacancies in its own membership and as provided in chapter 15 of this

title.

     17-12-4. Endorsements by state committee.

     The state committee or the executive committee or any duly selected subcommittee of the

executive committee acting under delegated authority may, when the town or district committee

has failed or neglected to do so, within twenty-four (24) weekday hours of the failure, endorse and

notify the local board of endorsement, if any, of the local candidates to be voted on in the primary

general election. It shall also notify the secretary of state of the endorsement, if any, of any

candidate to be voted for by the state at large; provided, that the endorsement of any candidate for

representative in congress shall be by the members of the state committee who shall be from that

particular congressional district. It shall also notify the secretary of state of the endorsement, if any,

of any candidate for state senator or state representative. The endorsement shall be filed with the

secretary of state not later than four o’clock (4:00) p.m. on the second day after the final day for

filing declarations of candidacy. In the event the state committee, or the executive committee or

any duly selected subcommittee of the executive committee acting under delegated authority, fails

or neglects to endorse, then all party candidates shall be issued nomination papers without

endorsement.

     17-12-5. Acting in other contingencies.

     Any other contingency that arises pursuant to the provisions of the statutes with respect to

the election of candidates for state or town office at any general, primary general, or special election

shall be met by the vote of the state committee, or the executive committee, or any duly selected

subcommittee of the executive committee, of a political party, or by the state chairperson of the

political party if so authorized. If any contingency arises under the provisions of the statutes with

respect to the election of candidates for city office at any general, primary general, or special

election, it shall be met by vote of the city committee of a political party or the executive committee

of the city committee or any duly elected subcommittee of the executive committee, or by the city

chairperson of the political party if so authorized. For the purposes of this section, the term

“contingency” means and includes the nonexistence of any required party committee, the failure of

any existing party committee to act, an adjudication that a primary general election is void, and the

death, incapacity, or moving from the jurisdiction of a party’s nominee prior to a general or special

election. This section shall apply notwithstanding any provision of chapter 17 of this title to the

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contrary.

     17-12-6. Election of town and ward committees.

     The party voters members of each political party in each ward of each of the cities of the

state shall, biennially, in every even year, at the primary general election held to nominate party

candidates, elect a ward committee for each ward; provided, that the ward committees in the city

of Providence shall be elected quadrennially, and the party voters of each political party in each of

the towns of the state shall, biennially at the primary election, elect a town committee for the town.

     17-12-14. Election of delegates to national conventions.

     The local boards of the several cities and towns of the state are authorized and directed to

furnish for the use of any political party in this state, upon written request of the chairperson of the

state central committee, acting under a resolution of the committee, voting places in which primary

meetings may be held to elect delegates to the national convention of the political party. The boards

shall have the voting places open on the date and during the hours requested by the chairperson of

the committee, so long as that election of delegates is scheduled on the first Tuesday next after the

first Monday of any month, and shall furnish to the officers appointed to act at the primary political

party meetings any paraphernalia, including check lists, that are generally required and used in

elective meetings; provided, that the political party first requesting the use of the voting places on

and for a certain date shall be entitled to the use of them on that date; and if the date is one requested

by some other political party, the other political party, through the chairperson of the committee,

may request another date. In cities a voting place and paraphernalia for voting shall be furnished

and provided for each ward into which the cities may be divided; and in each of the towns of

Burrillville, Cumberland, and Lincoln, at least two (2) voting places and the paraphernalia for

voting, and in every other town at least one voting place and the paraphernalia for voting, shall be

furnished and provided. The local boards shall not be required to provide for the compensation for

services of the officers appointed to act at the primary political party meetings, nor shall anything

contained in this section be held to affect the method of holding elections already provided for by

law.

     SECTION 8. Sections 17-13-3 and 17-13-5 of the General Laws in Chapter 17-13 entitled

"Primary Voting Lists" are hereby amended to read as follows:

     17-13-3. Procedure in primaries for special elections.

     The same procedure and sequence shall be followed in the case of a primary general

election for a special election, but the state board shall fix and publish the various dates and periods

in the sequence.

     17-13-5. Lists furnished to parties and candidates.

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     After the first meeting held to correct and add to the voting lists as required by this chapter,

the local boards shall immediately furnish five (5) complete copies of the printed lists to the town

or city chairperson of each political party. The local boards shall furnish certified copies of the

primary general election lists to any political party or candidate.

     SECTION 9. Sections 17-14-1, 17-14-2, 17-14-11, 17-14-12, 17-14-12.1, 17-14-15 and

17-14-17 of the General Laws in Chapter 17-14 entitled "Nomination of Party and Independent

Candidates" are hereby amended to read as follows:

     17-14-1. Declarations of candidacy.

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

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

a special election for state or local office, or for an election for state or local office regularly

scheduled for a time other than the biennial general statewide election, or during the sixty-seventh

(67th) and sixty-eighth (68th) days preceding a primary general election for a special election for

federal office, or for an election for federal office regularly scheduled for a time other than the

biennial general statewide election, each voter desiring to be a candidate at the upcoming primary

general election or an independent candidate on final nomination papers shall, on a form that shall

be provided by the secretary of state, file a declaration of their candidacy not later than four o’clock

(4:00) p.m. of the last day for the filing with the secretary of state for congressional and statewide

general offices, or with the local board of the place of the candidate’s voting residence for general

assembly, or state committee or senatorial and representative district committee, or with the

appropriate local board for local officers. The declaration shall be signed by the candidate as the

candidate’s name appears on the voting list. The signature shall be accepted as valid if it can be

reasonably identified to be the name and 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.

The declaration shall also include the following information:

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

relate to the voter’s signature on the declaration;

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

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

     (3) The party declaration if seeking to run in a party primary as a member of a particular

party;

     (4) The office sought;

     (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 the candidate resides;

     (7) A certification that the candidate is neither serving a sentence, including probation or

parole, for which the candidate was imprisoned upon final conviction of a felony imposed on any

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

final conviction of a felony committed after November 5, 1986;

     (8) A certification that the candidate has not been lawfully adjudicated to be non compos

mentis, of unsound mind;

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

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

date, except in the case of candidates for party nomination for a special election for federal office,

or for an election for federal office regularly scheduled for a time other than the biennial general

statewide election, that person shall not have been a member of a political party other than the

declared political party within thirty (30) days of the filing of their declaration of candidacy; and

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

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

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

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

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

     17-14-2. Candidate required to be a qualified voter in the primary Candidate

required to be a qualified voter in the primary general election.

     (a) No person shall be eligible to file a declaration of candidacy, or be eligible to be a

candidate or be eligible to be voted for or to be nominated or elected in a party primary unless the

person, at the time of filing the declaration, is qualified to vote in a the general primary election

within the district for the office which he or she seeks.

     (b) No person shall be eligible to file a declaration of candidacy, or be eligible to be a

candidate or eligible to be voted for or to be nominated or elected in any party primary or general

election if that person has declared to be a candidate for another elected public office, either state,

local or both.

     (c) Notwithstanding any other provision of this section, individuals residing in state senate

districts 1, 2, 3, 4, 5, 6, 7, 8, 14, 15, 16 and 17 may file a declaration of candidacy for state senator

and/or senatorial district committee member for those senate districts for the 2004 election pursuant

to § 17-14-1, provided they were registered to vote in the election for that district on or before June

16, 2004.

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

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January 1, 2025.]

     (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 general election 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 general election, 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

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the Elections Committee of the Rhode Island Town and City 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.

     17-14-12. Filing of nomination papers.

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

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

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

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

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

election for state and local office, all nomination papers and lists of local candidates shall be filed

in the office on or before the twenty-sixth (26th) day preceding the day of the special primary

general election, or when there is a primary to nominate candidates for any office listed in § 17-15-

7 to be voted upon at a special election for federal office, all nomination papers and lists of local

candidates shall be filed in the office on or before the forty-nineth (49th) day preceding the day of

the special primary general election. Nomination papers for independent presidential candidates

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

in the office of the secretary of state by the local boards of canvassers not later than fifty-four (54)

days before the date of the election.

     17-14-12.1. Certification by local boards.

     All certified lists of candidates for primary general, regular, and special elections, as well

as all local questions to be voted on at these elections shall be in final form when certified to the

secretary of state by the local boards. In all instances where there needs to be a reprinting, remailing,

or other procedure pertaining to the ballots for a community, except as provided in § 17-14-17, the

cost of the reprinting, remailing, or other procedure shall be borne by the local community.

     17-14-15. Withdrawal of candidacy.

     A person nominated as a candidate to be voted for at a primary general election or an

independent candidate may withdraw his or her name from the nomination prior to the date of

primary general election by a request signed and duly acknowledged by him or her setting forth the

reason for the withdrawal, that the withdrawal is the candidate’s own free act and deed, and that it

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is not executed as the result of any threat or promise made to the candidate. The certificate of

withdrawal shall be filed in the office where the nomination papers were filed within the time

prescribed by § 17-14-13 for filing objections to nomination papers; provided, that if an objection

has been filed, the certificate need not be filed until twenty-four (24) hours following the decision

of the state board, or of the local board, relative to the objection.

     17-14-17. Replacement of deceased endorsed candidate.

     When an endorsed nominee as a candidate to be voted upon at any primary general election

has deceased prior to the holding of the primary general election, the committee having the original

authority to endorse the candidate shall substitute as the endorsed nominee for candidate to be voted

upon at the primary general election any person qualified to vote at the primary general election in

the place and stead of the deceased nominee; provided, that immediately upon receipt of actual

knowledge of the death of the endorsed nominee by the committee having the original authority to

endorse the candidate, the committee shall make the substitution referred to in this section. The

chairperson of the committee shall, immediately upon the substitution, notify the secretary of state

in writing of the death of the endorsed nominee and of the substitution of a nominee as provided in

this section. Any substituted nominee shall have been eligible for nomination on the dates as

required by and pursuant to the requirements of §§ 17-14-1, 17-14-1.1, 17-14-2, and 17-14-2.1.

Upon receipt of the notice, the secretary of state shall thereupon substitute on the ballots the name

of the endorsed nominee who replaces the deceased endorsed nominee as provided in this section;

provided, that the written notice is received by the secretary of state at least fourteen (14) days prior

to the date of the primary.

     SECTION 10. Sections 17-15-1, 17-15-2, 17-15-3, 17-15-4, 17-15-7, 17-15-9, 17-15-11,

17-15-12, 17-15-13, 17-15-14, 17-15-15, 17-15-16, 17-15-17, 17-15-18, 17-15-19, 17-15-20, 17-

15-21, 17-15-27, 17-15-29, 17-15-30, 17-15-31, 17-15-33, 17-15-34, 17-15-35, 17-15-38 and 17-

15-39 of the General Laws in Chapter 17-15 entitled "Primary Elections" are hereby amended to

read as follows:

     17-15-1. Date of primaries Date of primary general elections.

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

be held in each voting district in the manner provided in this chapter on the eighth Tuesday

preceding biennial state elections.

     17-15-2. Regular primary date falling on religious holiday Regular primary general

election date falling on religious holiday.

     In the event that the date for the holding of any primary general election preceding any

general state or municipal election as provided in this chapter falls upon the day of a religious

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holiday, the primary general election shall be held upon the next business day, other than Saturday,

then following; provided, that nothing contained in this section shall be deemed to invalidate a

primary general election once held.

     17-15-3. Special election primaries.

     Party primary Primary general elections shall also be held for the purpose of nominating

candidates for an office or offices to be elected at any special election. In the event of a special

election, the state board shall fix the date or dates on which the various party primary general

elections shall be held; provided, that all the party primary general elections shall have been held

by the first Tuesday after the first Monday in the month preceding the date fixed for the special

election; and provided, further, that the date or dates fixed by the state board shall not be a religious

holiday and shall be held on the first Tuesday next after the first Monday of any month.

     17-15-4. Municipal primaries other than at time of general primaries Municipal

primary general elections other than at time of primary general elections.

     In those cities and towns that now by law hold elections for city or town officers on a day

other than the Tuesday after the first Monday in November biennially in each even year, a primary

general election for the nomination of the city or town officials shall be held and the local board

shall fix the date of the election; provided, that the primary general election shall have been held

by the first Tuesday after the first Monday in the month preceding the date fixed for the election;

and provided, further, that the date fixed by the local board shall not be a religious holiday and shall

be held on the first Tuesday next after the first Monday of any month.

     17-15-7. Candidates nominated at primaries Candidates nominated at primary

general elections.

     (a) At the primary general elections, candidates shall be nominated for the following

offices, if the offices are to be filled at the succeeding election:

     (1) Senators in the congress of the United States.

     (2) Representatives in the congress of the United States.

     (3) General officers of the state.

     (4) Senators in the general assembly from the respective senatorial districts.

     (5) Representatives in the general assembly from the respective representative districts.

     (6) Mayors for the respective cities.

     (7) Members of the city or town councils from the respective towns, wards, and districts.

     (8) All other city or town officials previously nominated by party caucus, convention, or

party committees, whose offices are to be filled at the regular or special election next succeeding

the primary general election, with the exception of candidates for presidential elector who shall be

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selected as provided in this title.

     (b) At the primary elections the The members of ward, town, and district committees of

the respective political parties shall be elected, in accordance with the respective rules and bylaws.

     17-15-9. Slate voting.

     In a primary general election no ballot shall be provided whereby a voter may by one mark

vote for a slate of candidates.

     17-15-11. Dispensation with primary when no contest Dispensation with primary

general election when no contest.

     Whenever there is no contest within any voting district for the officers to be nominated or

elected by a particular political party for any election, no primary general election shall be held in

that voting district and the secretary of state for state offices or the local boards for local offices

shall declare those persons elected in the case of party committee members or delegates or

nominated as candidates of a particular party for the office, and their names shall not be printed on

the primary general election ballot but shall be printed on the ballot for the primary general election

for which the nominations are made; provided, that the party committee members’ names and the

names of the delegates to the state convention of the respective party shall not be put on the election

ballot.

     17-15-12. Ballot when contest exists.

     Whenever there is a contest within any voting district, a primary general election shall be

held in the voting district and the names of all candidates for state office and the names of only

those candidates for local office that are contesting a particular local office or offices shall appear

on the ballots.

     17-15-13. Voting places — Primary officials — Party officials — Appointment Voting

places -- Primary general election officials -- Party officials -- Appointment.

     (a) From lists submitted to it by the chairperson of the state committees of each party, the

board shall appoint and issue commissions to a sufficient number of qualified electors of this state

to be primary general election inspectors so that one inspector may be assigned for each party to

each primary polling place to work with the other primary officials of his or her party. The local

board shall, at least fifty (50) days prior to the primary general election, select the place or places

designated by it for holding the primary general election provided for by this chapter. The local

board shall, at least thirty-five (35) days before any primary general election, appoint for each

polling place within its city or town a primary general warden or moderator and a primary general

clerk in the following manner:

     (1) If there are primary contests in both major political parties, the warden and clerk shall

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be appointed as provided in § 17-11-11;

     (2) If there is a primary general election contest in only one of the major political parties

without candidates from both major political parties, the warden and the clerk shall be selected

from a list submitted by the local committee of the party in which the contest exists.

     (b) The local board shall also appoint at least thirty-five days (35) before any primary

general election, from lists submitted at least forty-five (45) days prior to the date set for the holding

of the primaries primary general elections, four (4) supervisors, in the following manner: (1) if

there are primary general election contests in both major political parties, one supervisor shall be

appointed for each party in the manner provided in § 17-11-11 and two (2) supervisors, one for

each party, shall be appointed from lists submitted by a majority of the respective party candidates,

other than those endorsed by the party committee; (2) if there is no primary general election contest

in one of the major political parties, two (2) supervisors shall be appointed from a list submitted by

the local committee in which the contest exists, and two (2) supervisors shall be appointed from a

list or lists submitted by a majority of the party candidates, other than those endorsed by the party

committee. The local board may appoint any additional pairs of supervisors that it may deem

necessary in the same manner provided in this subsection and shall do so when directed by the state

board.

     (c) The local board shall also appoint for each party one watcher, two (2) checkers, and the

number of runners, not to exceed three (3), that the appropriate party chairperson may deem

necessary, which watcher, checkers, and runners shall be designated as party officials. These party

officials shall be appointed from lists of qualified electors who are qualified to vote at the respective

party primaries primary general elections which lists shall be furnished as provided in subsection

(b) of this section to the local board at least ten (10) days prior to the date set for the holding of the

primary general election. If the party candidates or a majority of them, other than those endorsed

by the party committee, notify the local board in writing of their choices at least ten (10) days prior

to the date set for the holding of the primaries primary general elections, the local board shall

likewise appoint one watcher, two (2) checkers, and the number of runners that it shall have

appointed at the request of the party chairperson, to act for them collectively. The local board shall

give them certificates as party officials.

     17-15-14. Qualifications of primary officials — Affidavit Qualifications of primary

general election officials -- Affidavit.

     (a) Each warden or moderator and each primary general election supervisor appointed

under the provisions of §§ 17-15-13 and 17-15-16 shall be able to read the Constitution of the state

in the English language, and to write his or her name, and shall, whenever possible, be a voter of

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the senatorial district, representative district, or town, ward, or voting district from which he or she

is appointed.

     (b) No person shall be appointed to serve as a primary general election official who has

been convicted, found guilty, pleaded guilty or nolo contendere, or placed on a deferred or

suspended sentence or on probation for any crime that involved moral turpitude or a violation of

any of the election, or caucus, or primary laws of this or any other state.

     (c) No person serving as a primary general election official may serve in such capacity in

the city or town in which they are a municipal employee.

     (d) No person who is seeking nomination or election at any primary general election shall

act as a primary official at that primary general election.

     (e) Every primary general election official shall make an affidavit before the proper local

board or some member of the board to the effect that the official is not disqualified by reason of

the provisions of this section.

     17-15-15. Powers and duties of primary officials — Compensation Powers and duties

of primary general election officials -- Compensation.

     Primary general election wardens, moderators, clerks, and supervisors shall have the same

powers and duties in the conduct of primary general elections as are conferred and imposed by law

upon general election officials, and they shall receive the same compensation as general election

officials.

     17-15-16. Vacancies among primary officials Vacancies among primary general

election officials.

     Vacancies occurring among primary general election officials shall be immediately filled

by the local boards in the same manner as provided for general elections as qualified by § 17-15-

13; provided, that in the event there are no lists available, the local board shall appoint some person

or persons to fill the vacancy from the list of registered voters.

     17-15-17. Notice of primaries Notice of primary general elections.

     At least eight (8) days before the time of holding any primary general election, the local

board shall cause notice of the primary general election to be posted in at least one public place in

each voting district of any city, and in at least one public place in each voting district of a town.

The notice shall state the time when, and the place where, the primary general election is to be held

in each city, town or voting district, and the offices for which candidates are to be nominated;

provided, that the local boards may, at their discretion, substitute notification by publication in a

newspaper having local circulation for notification by posting in public places.

     17-15-18. Apportionment of voting booths and optical scan precinct count units.

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     (a) The apportionment of voting booths for the primary general election of each political

party shall, as far as possible, be on the same basis as for general elections, except that the

determination shall be made with reference to the average number of votes received by the

candidates of each party at the preceding general election.

     (b) Unless otherwise prescribed by the board of elections, one optical scan precinct count

unit shall be programmed and provided for each voting district. In no event shall there be less than

one optical scan precinct count unit for each voting district.

     17-15-19. Arrangement and paraphernalia at voting places.

     The primary general election voting places shall be equipped by the local boards with the

paraphernalia necessary for conducting elections and, except as otherwise specifically provided in

chapters 12 — 15 of this title, the voting places shall be arranged wherever practicable in the

manner provided in chapter 19 of this title.

     17-15-20. Primaries conducted in same manner as general elections Primary general

elections conducted in same manner as general elections.

     Except as otherwise provided in this chapter, primary general elections shall be conducted

as nearly as may be in the manner provided in chapter 19 of this title for the conducting of general

elections, except that the voting in each party shall be cast on separate computer ballots.

     17-15-21. Identification of party voters.

     Before permitting any person to vote in a primary general election, the warden or clerk and

bipartisan pair of supervisors assigned by the warden shall ascertain from the voting record

appearing on the certified voting list that the voter is not disqualified to vote by the provisions of §

17-15-24. The bipartisan pair of supervisors shall provide the voter with the corresponding

computer ballot for the primary general election in which the voter is eligible and desiring to vote.

The warden shall take any steps that may be necessary to assure that each voter is given the

computer ballot upon which the voter is eligible to vote. Any person who is not affiliated with any

political party, and is otherwise qualified to vote, may participate in a primary general election of

either party.

     17-15-27. Impartiality of officials — Sound equipment.

     The primary general election officials shall treat all candidates with absolute impartiality.

No sound equipment advocating the election or defeat of any candidate or the approval or

disapproval of any referenda shall be allowed within five hundred (500) feet of any polling place.

     17-15-29. Number of votes required to nominate or elect.

     In determining the nomination or election of a candidate at a primary general election, the

person receiving the largest number of votes, although less than a majority of all the votes cast for

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the candidates for a particular office, shall be declared nominated or elected a candidate for the

general or special election. Where there is more than one person to be elected to a particular office

or place, those persons equaling that number of officers to be elected to the office or place receiving

the largest number of votes, although less than a majority of all the votes cast for all the candidates

for the office or place, shall be declared nominated or elected a candidate for the general or special

election, as the case may be, unless otherwise provided by existing law.

     17-15-30. Tabulation of local returns — Certificate of nomination or election.

     (a) The local board shall meet on the day following the primary general election and shall

tabulate the city or town primary general returns, as the case may be, and announce the results, but

shall issue no certificates of nomination or election to party office of eligibility for the general or

special election until the expiration of the period in which a recount may be requested as provided

in § 17-15-34, and if a request has been filed, the result shall be finally determined by the local

board. Following the expiration of this period and the final determination by the local board, if any

request for a recount is made, the local board shall issue certificates of nomination or election to

party offices to the candidates so nominated or elected.

     (b) When a local election is held in conjunction with a statewide election, the state board

shall tabulate local mail ballots and immediately forward the results to the appropriate local board;

when a local election is not held in conjunction with a statewide election, the local board shall

tabulate their local mail ballots.

     17-15-31. Tabulation of state returns — Certificates of nomination or election.

     The state board shall proceed to tabulate the state primary general election returns and

announce the results, but shall issue no certificates of nomination until the expiration of the period

in which a recount may be requested as provided in § 17-15-34 has expired and, if a request has

been filed, until the result has been finally determined by the state board. Following the expiration

of this period and the final determination by the state board, if any request for a recount is made,

the board shall issue certificates of nomination or election to the candidates so nominated or elected.

     17-15-33. Tie vote.

     If there is a failure to make a nomination or to elect a candidate to party office at any

primary by reason of a tie vote, the vacancy, if in respect to an office to be filled by the voters of

more than one city or town, shall be filled by the executive committee of the state committee of the

respective party, except in the case of a senatorial or representative committee the vacancy shall be

filled by the members of the senatorial or representative district committee, as the case may be, and

if in respect to an office other than a senatorial or representative district committee to be filled by

the voters of no more than one city or town, or a portion of a city or town, the vacancy shall be

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filled by the city or town committee of the respective political party. The vacancy shall be filled

only by the choice of one of the candidates receiving the tie vote. The name of the candidate chosen

by the appropriate party committee shall be officially certified to the state board or local board, as

the case may be. If there is a tie vote between the second and third candidates that follow the highest

vote getter, then all three (3) of those highest vote getters in the primary general election shall

qualify for the general or special election.

     17-15-34. Recount petition or other protest.

     Any candidate whose name was on the primary general election ballot may file with the

state board a request for the recounting of the votes cast, or other protest concerning the primary

general election, provided he or she files the request or protest no later than four o’clock (4:00)

p.m. on the day following the primary general election. The request or protest shall contain the

candidate’s reason for making the request or protest. Nothing in this chapter shall be construed to

prevent the state board, acting on its own motion, from ordering a recount or taking appropriate

action in response to any error, irregularity, or impropriety in the conduct of any facet of the primary

general election which comes to its attention at any time prior to the certification of the results of

the primary general election.

     17-15-35. Hearing on recount or protest — Notice — Declaration of nomination or

election.

     (a) Immediately upon the filing of a protest or request, the state board shall cause notice in

writing to be served in any manner that it directs, at the expense of the petitioner, upon all other

candidates of the same political party for the same office receiving votes at the primary general

election, and shall give notice in some public newspaper of general circulation in the voting district

or districts where the primary general election took place of the making of the request or protest

and the time and place of the hearing, which time shall be not less than one nor more than three (3)

weekdays after the publication of the notice. At the hearing all candidates who may be affected by

a recount may be heard in person or by their representative. The hearing and the examination of the

voting equipment or the recounting of the ballots, as the case may be, as may be necessary, shall

be conducted in a summary and expeditious manner, but the result of the voting as determined by

the state board shall not be altered or changed by the board except upon satisfactory proof of its

incorrectness. Following the hearing, the state board shall declare what person, if any, was lawfully

nominated or elected, and shall issue or direct the local board to issue a certificate of the nomination

or election to that person.

     (b) Recounts shall be conducted in the manner set forth in chapter 19 of this title.

     17-15-38. Vacancies among nominees Vacancies among primary general election

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nominees.

     (a) Whenever the nominee of a party one of the top two (2) vote getters for a particular

office dies after the primary general election, or removes him or herself from the jurisdiction of or

as a candidate for the office for which the nominee seeks election, or becomes physically or

mentally disabled, then the third highest vote getter shall qualify for the general or special election.

the state committee of that party or a duly authorized subcommittee of the state committee in the

case of state officers, and the appropriate city, town, ward, or district committee or any duly

authorized subcommittee of them in the case of candidates for the other offices covered by § 17-

15-7, may file with the appropriate authority the name of its nominee for the office; provided, that

except in the case of death, the appropriate committee shall file the name with the appropriate

authority no later than four o’clock (4:00) p.m. of the third (3rd) day following the last day for the

holding of the party primaries; and provided, further, that any appointed nominee shall have been

eligible for the nomination on the dates as required by and pursuant to the requirements of §§ 17-

14-1.1, 17-14-2, and 17-14-2.1. The person so named shall be the nominee of the party for the

office, and if in case of the death of a nominee time will permit, the secretary of state shall place

the name of the nominee upon the election ballot. When the withdrawal or death occurs after the

third (3rd) day after the last day for holding primaries primary general elections, the secretary of

state shall not be required to remove from any computer ballot or mail ballot which has already

been printed the name of any person who is no longer the nominee of a party for a particular office

as provided in this subsection, and any votes cast in any election for that person shall not be counted.

     (b) The provisions of this section shall not be construed to permit the state committee of

the party, or a duly authorized subcommittee of the state committee in the case of state officers, or

the appropriate city, town, ward, or district committee or any duly authorized subcommittee of

them in the case of candidates for the other offices covered by § 17-15-7, to file the name of a

nominee for a vacant office if the vacancy is the result of the failure of candidate(s) of the party to

qualify for the public office through the timely filing of sufficient nomination papers.

     17-15-39. Preservation of primary records Preservation of primary general election

records.

     All declarations of candidacy, nomination papers, and all requests for withdrawal of names

of candidates, whether before or after the holding of a primary general election, when filed, and all

protests and requests for recounts, shall be open, under proper regulation, to public inspection, and

the state board shall preserve these records in its office not less than twenty-six (26) calendar

months from the date of filing.

     SECTION 11. Section 17-18-15 of the General Laws in Chapter 17-18 entitled "Elective

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Meetings" is hereby amended to read as follows:

     17-18-15. Closing of schools.

     At each general election as defined in § 17-1-2(2), at each statewide primary general

election as defined in § 17-15-1, and at each primary for election of delegates to national

conventions and for presidential preference as defined in chapter 12.1 of this title, all public

elementary and secondary schools throughout the state shall not be in session. On the day of the

general election, the statewide primary general election, and the presidential preference primary,

the use of school buildings or premises shall be restricted to use only as polling places for election

purposes. Notwithstanding the previous provisions, school staff development days may be held.

Provided further, that the provisions of this section shall not be applicable to the Block Island

School, located in the town of New Shoreham, and the use of the Block Island School shall not be

restricted, nor shall classes need to be cancelled or postponed at said school, on the day of general

elections, statewide primaries, and presidential preference primaries.

     SECTION 12. Sections 17-19-7, 17-19-7.1, 17-19-11, 17-19-24.2, 17-19-31, 17-19-32, 17-

19-42, 17-19-44, 17-19-45 and 17-19-49 of the General Laws in Chapter 17-19 entitled "Conduct

of Election and Voting Equipment, and Supplies" are hereby amended to read as follows:

     17-19-7. Local candidates and questions — Certification — Ballots.

     The local board of each city or town shall certify to the secretary of state, not later than

four o’clock (4:00) p.m. of the third (3rd) day following the last day for the holding of the primary

general election held pursuant to the provisions of chapter 15 of this title, preceding any regular

city or town election to be held on the Tuesday next after the first Monday in November in any

year, or not later than twenty-nine (29) days before any regular city or town election held at any

time other than on the Tuesday next after the first Monday in November in any year, or not later

than twenty-nine (29) days before any special city or town election, the offices to be voted for at

the election, the names of the candidates for each office and the party name under which the

respective candidates were nominated, and any other information necessary to enable the secretary

of state to prepare ballots uniform in size, type, color, and appearance with those prepared by the

secretary for the state election, and in like manner the local board shall certify to the secretary of

state, not later than four o’clock (4:00) p.m. on the ninetieth (90th) day preceding any regular city

or town election to be held on the Tuesday next after the first Monday in November in any year, or

not later than fifty (50) days before any regular city or town election held at any time other than on

the Tuesday next after the first Monday in November in any year, or not later than fifty (50) days

before any special city or town election, a copy of each question to be submitted to the electors of

the city or town so that suitable ballots may be prepared and furnished for the election.

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     17-19-7.1. Listing of at-large candidates.

     (a) In case of a vote for members of the council or school committee of any city or town,

in which the office or offices to be filled are to be elected on an at-large basis, and whether the

election is a partisan, nonpartisan, primary general, general, or special election, the names for the

office or offices shall be listed on the ballot in such fashion that no more than one name for an

office shall be displayed on the same horizontal line; provided, that candidates for nonpartisan

election in the cities of Newport, Pawtucket, North Providence and Woonsocket, and candidates

for partisan election in the town of North Providence, may be listed on the same horizontal line.

     (b) In no event shall the voting equipment be prepared to prevent further voting for an

office or officer until the elector has cast as many votes as there are separate offices to be filled.

     17-19-11. Election return forms — Contents.

     (a) The state board shall prepare and furnish, for each voting place at which machines are

to be used, suitable forms on which the following information may be recorded for each machine

in use:

     (1) The optical scan precinct count unit number;

     (2) The numbers of any serial seal or seals;

     (3) The voting place at which the optical scan precinct count unit is used;

     (4) The date of the election or primary general election at which the optical scan precinct

count unit is used;

     (5) The number of names checked upon the voting list used at the election; and

     (6) The number of voters registered by the optical scan precinct count unit.

     (b) Space shall be left on the form in which the number of votes given for any person not

a candidate at the election, and for what office, may be recorded. Spaces shall also be left for the

signatures of the election inspector, the warden, clerk, and at least two (2) supervisors. The state

board shall also furnish the necessary envelopes and adhesive labels required to be used in

accordance with the provisions of this chapter.

     (c) Tapes printed from the optical scan precinct count unit indicating the number of votes

registered by the unit for each candidate, and for what office, shall be attached to the election return

form; tapes printed from the optical scan precinct count unit indicating the number of votes

registered by the unit for and against each submitted question shall be attached to the election return

form.

     17-19-24.2. Voter identification.

     (a) Beginning on January 1, 2012, any person claiming to be a registered and eligible voter

who desires to vote at a primary general election, special election, or general election shall provide

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proof of identity. For purposes of this section, proof of identity shall be valid if unexpired or expired

no more than six (6) months prior to voting, and shall include:

     (1) A valid and current document showing a photograph of the person to whom the

document was issued, including without limitation:

     (i) Rhode Island driver’s license;

     (ii) Rhode Island voter identification card;

     (iii) United States passport;

     (iv) Identification card issued by a United States educational institution;

     (v) United States military identification card;

     (vi) Identification card issued by the United States or the State of Rhode Island;

     (vii) Government issued medical card.

     (2) A valid and current document without a photograph of the person to whom the

document was issued, including without limitation:

     (i) Birth certificate;

     (ii) Social security card;

     (iii) Government issued medical card.

     (b) From and after January 1, 2014, any person claiming to be a registered and eligible

voter who desires to vote at a primary general election, special election, or general election shall

provide proof of identity listed in subsection (a)(1).

     (c) No later than January 1, 2012, Rhode Island voter identification cards will be issued

upon request, and at no expense to the voters, at locations and in accordance with procedures

established by rules and regulations promulgated by the secretary of state. The purpose of this

section is to provide voter identification cards to those voters who do not possess the identification

listed in subsection (a)(1).

     (d) If the person claiming to be a registered and eligible voter is unable to provide proof of

identity as required in subsections (a)(1) and (a)(2) above, the person claiming to be a registered

voter shall be allowed to vote a provisional ballot pursuant to § 17-19-24.3 upon completing a

provisional ballot voter’s certificate and affirmation. The local board shall determine the validity

of the provisional ballot pursuant to § 17-19-24.3.

     17-19-31. Irregular ballots.

     Ballots voted for any person whose name does not appear on the ballot as a nominated

candidate for office are referred to in this section as “irregular ballots.” In voting for presidential

electors, a voter may vote an irregular ticket made up of the names of persons in nomination by

different parties; or partly of names of persons in nomination and partly of names of persons not in

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nomination; or wholly of names of persons not in nomination by any party. Scanned images of the

computer ballot containing the irregular ballot shall be stored digitally on physical electronic media

in the optical-scan precinct-count unit. With that exception, no irregular ballot shall be voted for

any person for any office whose name appears on the ballot as a nominated candidate for that office;

any irregular ballot so voted shall not be counted. An irregular ballot must be cast in its appropriate

place on the ballot, or it shall be void and not counted and no irregular ballots shall be counted at

primaries primary general elections; provided, that at any presidential primary, irregular ballots

shall be counted for those persons whose names have been written in for the office of president. At

the close of the polls, irregular ballots shall be packaged according to § 17-19-33 and shall be

immediately delivered to the local board of canvassers. The local board shall receive the tape from

the optical precinct-count unit containing printed images of each written name on the irregular

ballots, or the physical electronic media containing images of the irregular ballots and record all

write-in votes cast for all federal, state, and local races listed on the tape. The local board shall

notify the state board of the results through a procedure promulgated by the state board.

     17-19-32. Recording and signing of returns.

     Immediately upon the close of the polls the warden shall, in the presence of the other

election or primary general election officers and the election inspector, follow the procedure for

the closing of the unit set forth by the vendor of the optical scan precinct count unit. The warden

and clerk shall sign the first copy of the tape containing the votes cast and shall remove the tape

from the optical scan precinct count unit. The warden shall then obtain three (3) additional copies

of the tape containing the vote totals from the optical scan precinct count unit, and the warden shall

proceed to read off in a clear and loud voice the vote for each candidate, and upon each question

as indicated by the vote totals on the printed tape and the number of votes cast for persons not

nominated.

     17-19-42. Tampering with voting equipment.

     Any person, not being an election or primary general election officer or person upon whom

a duty is imposed by this chapter, who, while any voting equipment is being made ready for an

election or primary general election, or is in use during an election or primary general election,

tampers with, disarranges, defaces, injures, or impairs the voting equipment in any manner, or

mutilates, injures, destroys, or disarranges any computer ballot, or any other appliance used in

connection with the voting equipment, shall be guilty of a felony.

     17-19-44. Officer tampering with voting equipment.

     Any person having the custody of voting equipment under this chapter, or any election or

primary general election officer, who, with intent to cause or permit any voting equipment to fail

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to correctly register all votes cast, tampers with, injures, or disarranges the voting equipment in any

way, or any part of the voting equipment, or who causes or consents to the voting equipment being

used for voting at any election or primary general election with knowledge of the fact that the voting

equipment is not in order or not properly set and programmed so that it will correctly register all

votes cast, or who, for the purpose of defrauding or deceiving any voter or of causing it to be

doubtful for what candidates or question any vote is cast, or of causing it to appear upon the voting

equipment that votes cast for one candidate or question were cast for another candidate or question,

removes, changes, or mutilates any computer ballot or any part of any computer ballot, or does

anything to defeat the will or intention of a voter in casting a lawful vote, shall be guilty of a felony.

     17-19-45. Fraudulent election returns.

     Any election or primary general election officer who, at the close of the polls, purposely

causes the vote registered by any optical scan precinct count unit or related voting equipment to be

incorrectly recorded or returned as to any candidate, person, or question, or who knowingly

consents to these things, or any of them, being done, shall be guilty of a felony.

     17-19-49. Political literature and influence.

     No poster, paper, circular, or other document designed or tending to aid, injure, or defeat

any candidate for public office or any political party on any question submitted to the voters shall

be distributed or displayed within the voting place or within fifty (50) feet of the entrance or

entrances to the building in which voting is conducted at any primary general election or election.

Neither shall any election official display on his or her person within the voting place any political

party button, badge, or other device tending to aid, injure, or defeat the candidacy of any person for

public office or any question submitted to the voters or to intimidate or influence the voters.

     SECTION 13. Sections 17-20-1, 17-20-6, 17-20-6.1, 17-20-10.2 and 17-20-16 of the

General Laws in Chapter 17-20 entitled "Mail Ballots" are hereby amended to read as follows:

     17-20-1. Voting by mail ballot.

     The electors of this state who, for any of the reasons set forth in § 17-20-2, being otherwise

qualified to vote, shall have the right to vote, in the manner and time provided by this chapter, in

all general and special elections and primaries primary general elections, including presidential

primaries in this state for electors of president and vice-president of the United States, United States

senators in Congress, representatives in Congress, general officers of the state, senators and

representatives in the general assembly for the respective districts in which the elector is duly

qualified to vote, and for any other officers whose names appear on the state ballot and for any city,

town, ward, or district officers whose names appear on the respective city or town ballots in the

ward or district of the city or town in which the elector is duly qualified to vote, and also to approve

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or reject any proposition of amendment to the Constitution or other propositions appearing on the

state, city, or town ballot.

     17-20-6. Alternative methods of voting.

     Any qualified elector who is a member of the armed forces or of the merchant marine of

the United States, or who is absent from the state in the performance of “services intimately

connected with military operations” as defined in § 17-20-3(c), and any qualified elector of this

state exempt from registration under § 17-20-4, shall have the right to vote at his or her option

during the period of his or her service and for two (2) years thereafter by any one of the following

methods:

     (1) If the person is present within the state on the day of any election, that person shall have

the right to vote in the manner prescribed in chapter 19 of this title, subject to any other provisions

of this chapter.

     (2) If the person is absent from the state on the day of any election, that person has the right

to vote by absentee ballot in accordance with the provisions of this chapter, upon compliance with

its provisions.

     (3)(i) The elector may cast an official federal absentee ballot federal write-in absentee

ballot “FWAB” in accordance with the laws of the United States.

     (ii) The elector may use the “FWAB” to cast a vote for each federal, state and local office

for which he or she is entitled to vote in a general, primary general or special election.

     (4) The elector may also cast an official state blank ballot issued by the office of the

secretary of state in accordance with this chapter.

     17-20-6.1. Alternative methods of voting by citizens covered by the Uniformed and

Overseas Citizens Absentee Voting Act (UOCAVA) and other citizens residing outside the

United States.

     (a) It is the intent and purpose that the provisions set forth in this section are designed to

facilitate the federal mandate of the Uniformed and Overseas Citizens Absentee Voting Act

(UOCAVA), 52 U.S.C. § 20301 et seq.

     (b) The Federal Post Card Application (FPCA) may be used as a request for an absentee

ballot by:

     (1) A member of the armed forces who is absent from the state by reason of being in active

service;

     (2) Any person absent from the state in performance of “services intimately connected with

military operations” as defined in § 17-20-3(d);

     (3) Any person who is employed outside of the United States as defined in § 17-20-3(c);

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and

     (4) Any person who does not qualify under subparagraph (1), (2), or (3) above, but who is

a citizen of the United States and absent from the state and residing outside the United States as

described in chapter 21.1 of this title.

     (c) The single FPCA card shall permit the person to request an absentee ballot for each

primary general election, general and special election through the next general election for federal

office or for the time period specified by federal law in which the voter is eligible to vote.

     (d) The FPCA card must be received by the local board of canvassers where the person last

maintains his or her residence for voting purposes within the time frame for applying for absentee

ballots as set forth in this title.

     (e) If the FPCA, when used in accordance with this section, is sent by the voter through

electronic transmission, it must be sent to the secretary of state and it must be received by the

secretary of state by the deadline for applying for absentee ballots as set forth in this title. The

secretary of state shall then forward the FPCA to the appropriate local authority who shall

immediately certify and return the FPCA to the secretary of state with the notation that the

corresponding ballots shall be sent by mail and electronic transmission. The secretary of state shall

approve electronically transmitted ballots to and from eligible voters only through a service or

solution that meets the following requirements:

     (1) The system has had one or more independent security reviews;

     (2) Demonstrates the system meets the National Institute of Standards and Technology

(NIST) Cybersecurity Framework guidelines or federal cybersecurity framework guidelines of a

successor designated federal agency or organization; and

     (3) Approved by the secretary of state.

     The ballots sent by electronic transmission shall be returned to the state board by electronic

transmission. These ballots will be counted at the state board in accordance with rules and

regulations promulgated by the state board.

     (f) The voter’s signature on the FPCA does not need to be witnessed or notarized, when

the FPCA is submitted as provided in this section.

     (g) If a voter is casting a mail ballot received through the use of the FPCA card as provided

in this section, the voter’s signature does not need to be witnessed or notarized on the certifying

envelope used for the return of the voted mail ballot.

     17-20-10.2. Official state blank ballots.

     In the event the official ballot is not available for issuance and mailing forty-five (45) days

before a general, primary general, or special election, persons applying for a mail ballot under

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subdivision 17-20-2(3) and persons applying for a mail ballot through the use of the Federal Post

Card Application (FPCA) shall be issued an official state blank ballot forty-five (45) days before

the election. Additionally, the voter shall be sent the official ballot immediately upon the ballots

becoming available. The office of secretary of state shall be responsible for the arrangement,

preparation, printing and distribution of the official state blank ballots. The secretary of state shall

also be responsible for all accompanying candidate listings to the extent that information is

available, instruction sheets, and envelopes.

     17-20-16. Time of casting vote.

     Mail ballots may be cast in the manner provided by law on or before election day; provided,

that no mail ballot shall be counted unless it is received by the state board not later than the time

prescribed by § 17-18-11 for the closing of polling places on election day, except ballots cast under

the provisions of § 17-20-6.1, which shall be counted if received by the state board by four o’clock

p.m. (4:00) on the third day following a primary general election or four o’clock p.m. (4:00) on the

seventh day following an election.

     SECTION 14. Section 17-22-1 of the General Laws in Chapter 17-22 entitled "Tabulation

and Certification of Returns by State Board" is hereby amended to read as follows:

     17-22-1. Commencement and continuance of tabulations.

     The state board shall commence the counting, canvassing, and tabulating of all votes cast,

including mail ballots, at eight o’clock (8:00) p.m. on any election day at which mail ballots may

be cast and within twenty-four (24) hours after any other election or primary general election, and

shall continue and complete the tabulation with all reasonable expedition by using an optical scan

count system.

     SECTION 15. Sections 17-23-15, 17-23-17 and 17-23-18 of the General Laws in Chapter

17-23 entitled "Election Offenses" are hereby amended to read as follows:

     17-23-15. Polling or surveying of voter opinion.

     (a) No person shall conduct any form of poll or survey of voter opinion or voter conduct

within a building or within fifty (50) feet of the entrance or entrances to a building in which voting

is being conducted at any primary general election or election; provided, that nothing in this section

shall be deemed to apply to or to affect the activities of election officials or election inspectors, or

“checkers”, “runners”, and “watchers” as defined in § 17-19-22.

     (b) Notice of this section shall be posted in a conspicuous place at all polling places.

     17-23-17. Violations with respect to elections.

     (a) Any person is guilty of a felony who:

     (1) Makes a declaration of candidacy or obtains, circulates, or causes to be circulated his

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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;

     (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;

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

     (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;

     (5) Votes or attempts to vote more than once at any election, or votes or attempts to vote

in more than one political party’s primary general election on the same day;

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

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

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

election;

     (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;

     (10) Willfully alters or 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 — 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 — 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.

     17-23-18. Political advertising from official budgets prohibited.

     (a) Except in accordance with subsections (b) and (c) of this section, no elected official

shall permit the expenditure of public funds from any official budget under his or her authority for

any publication, advertisement, broadcast, or telecast of his or her photograph, voice, or other

likeness to be broadcast or distributed to the public during the one hundred and twenty (120) days

preceding any primary general election or general election in which he or she is a candidate.

     (b) This section shall not be construed to prohibit an official from appearing on regular

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capitol television programming operated by the general assembly or on television stations operated

by the Rhode Island PBS Foundation during the period of time or programming of regular or special

meetings of city or town councils or any local governmental board, agency or other entity.

     (c) This section shall not be construed to prohibit the publication, broadcast, or telecast of

any photograph, voice, or other likeness of an elected official that is distributed to the public by or

through an official government website or social media presence provided that the website or social

media presence is continuously maintained in the regular course of official government business

exclusively for general informational or transparency purposes.

     SECTION 16. Sections 17-25-3, 17-25-4, 17-25-11, 17-25-12, 17-25-21 and 17-25-29 of

the General Laws in Chapter 17-25 entitled "Rhode Island Campaign Contributions and

Expenditures Reporting" are hereby amended to read as follows:

     17-25-3. Definitions.

     As used in this chapter, unless a different meaning clearly appears from the context:

     (1) “Accounts payable” means credit extended to a candidate or political committee, for

campaign expenditures; provided that, the credit extended is in the ordinary course of the vendor’s

business, and the terms are substantially similar, in risk and amount, to extensions of credit to

nonpolitical customers.

     (2) “Business entity” means any corporation, whether for profit or not for profit, domestic

corporation or foreign corporation, as defined in § 7-1.2-106, financial institution, cooperative,

association, receivership, trust, holding company, firm, joint stock company, public utility, sole

proprietorship, partnership, limited partnership, or any other entity recognized by the laws of the

United States and/or the state of Rhode Island for the purpose of doing business. The term “business

entity” shall not include a political action committee organized pursuant to this chapter or a political

party committee or an authorized campaign committee of a candidate or office holder. The term

“business entity” shall not include any exempt nonprofit as defined herein or any organization

described in § 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding

internal revenue code of the United States, as amended from time to time, for the purposes of

chapter 25.3 of this title.

     (3) “Candidate” means any individual who undertakes any action, whether preliminary or

final, which is necessary under the law to qualify for nomination for election or election to public

office, and/or any individual who receives a contribution or makes an expenditure, or gives their

consent for any other person to receive a contribution or make an expenditure, with a view to

bringing about their nomination or election to any public office, whether or not the specific public

office for which they will seek nomination or election is known at the time the contribution is

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received or the expenditure is made and whether or not they have announced their candidacy or

filed a declaration of candidacy at that time.

     (4) “Conduit” or “intermediary” means any person who receives and forwards an

earmarked contribution to a candidate or a candidate’s authorized committee, except as otherwise

limited in this chapter.

     (5) “Contributions” and “expenditures” include all transfers of money, credit or debit card

transactions, on-line or electronic payment systems such as “pay pal,” paid personal services, or

other thing of value to or by any candidate, committee of a political party, or political action

committee or ballot question advocate. A loan shall be considered a contribution of money until it

is repaid.

     (6) “Covered transfer” means any transfer or payment of funds by any person, business

entity, or political action committee to another person, business entity, or political action committee

if the person, business entity, or political action committee making the transfer: (i) Designates,

requests, or suggests that the amounts be used for independent expenditures or electioneering

communications or making a transfer to another person for the purpose of making or paying for

such independent expenditures or electioneering communications; (ii) Made such transfer or

payment in response to a solicitation or other request for a transfer or payment for the making of

or paying for independent expenditures or electioneering communications or making a transfer to

another person for the purpose of making or paying for such independent expenditures or

electioneering communications; (iii) Engaged in discussions with the recipient of the transfer or

payment regarding independent expenditures or electioneering communications or making a

transfer to another person for the purpose of making or paying for such independent expenditures

or electioneering communications; or (iv) Made independent expenditures or electioneering

communications in an aggregate amount of five thousand dollars ($5,000) or more during the two-

year (2) period ending on the date of the transfer or payment, or knew or had reason to know that

the person receiving the transfer or payment made such independent expenditures or electioneering

communications in such an aggregate amount during that two-year (2) period.

     (A) Exceptions: The term “covered transfer” does not include:

     (I) A transfer or payment made by a person, business entity, or political action committee

in the ordinary course of any trade or business conducted by the person, business entity, or political

action committee or in the form of investments made by the person, business entity, or political

action committee; or

     (II) A transfer or payment made by a person, business entity, or political action committee

if the person, business entity, or political action committee making the transfer prohibited, in

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writing, the use of such transfer or payment for independent expenditures, electioneering

communications, or covered transfers and the recipient of the transfer or payment agreed to follow

the prohibition and deposited the transfer or payment in an account that is segregated from any

account used to make independent expenditures, electioneering communications, or covered

transfers.

     (7) For the purposes of chapter 25.3 of this title, “donation” means all transfers of money,

credit or debit card transactions, on-line or electronic payment systems such as “pay pal,” paid

personal services, or other thing of value to or by any person, business entity, or political action

committee. A loan shall be considered a donation of money until it is repaid.

     (8) For the purposes of chapter 25.3 of this title, “donor” means a person, business entity,

or political action committee that makes a donation.

     (9) “Earmarked” means a designation, instruction, or encumbrance, whether direct or

indirect, express or implied, oral or written, that results in all or any part of a contribution or

expenditure being made to, or expended on behalf of, a clearly identified candidate or a candidate’s

authorized committee.

     (10) “Election” means any primary general, general, or special election or town meeting

for any public office of the state, municipality, or district, or for the determination of any question

submitted to the voters of the state, municipality, or district.

     (11) “Election cycle” means the twenty-four month (24) period commencing on January 1

of odd number years and ending on December 31 of even number years; provided, with respect to

the public financing of election campaigns of general officers under §§ 17-25-19, 17-25-20, and

17-25-25, “election cycle” means the forty-eight month (48) period commencing on January 1 of

odd numbered years and ending December 31 of even numbered years.

     (12) “Electioneering communication” means any print, broadcast, cable, satellite, or

electronic media communication not coordinated, as set forth in § 17-25-23, with any candidate,

authorized candidate campaign committee, or political party committee and that unambiguously

identifies a candidate or referendum and is made either within sixty (60) days before a general or

special election or town meeting for the office sought by the candidate or referendum; or thirty (30)

days before a primary general election, for the office sought by the candidate; and is targeted to the

relevant electorate.

     (i) A communication that refers to a clearly identified candidate or referendum is “targeted

to the relevant electorate” if the communication can be received by two thousand (2,000) or more

persons in the district the candidate seeks to represent or the constituency voting on the referendum.

     (ii) Exceptions: The term “electioneering communication” does not include:

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     (A) A communication appearing in a news story, commentary, or editorial distributed

through the facilities of any broadcasting station, unless such facilities are owned or controlled by

any political party, political committee, or candidate;

     (B) A communication that constitutes a candidate debate or forum conducted pursuant to

regulations adopted by the board of elections or that solely promotes such a debate or forum and is

made by or on behalf of the person sponsoring the debate or forum;

     (C) A communication made by any business entity to its members, owners, stockholders,

or employees;

     (D) A communication over the internet, except for (I) Communications placed for a fee on

the website of another person, business entity, or political action committee; and (II) Websites

formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election

or defeat of a clearly identified candidate or the passage or defeat of a referendum; or

     (E) Any other communication exempted under such regulations as the board of elections

may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate

implementation of this paragraph.

     (13) “Exempt nonprofit” means any organization described in § 501(c)(4) of the Internal

Revenue Code that spends an aggregate annual amount of no more than ten percent (10%) of its

annual expenses or no more than fifteen thousand dollars ($15,000), whichever is less, on

independent expenditures, electioneering communications, and covered transfers as defined herein

and certifies the same to the board of elections seven (7) days before and after a primary election

and seven (7) days before and after a general or special election.

     (14) “Fair market value” means the usual and normal charge for goods and services as

determined by the marketplace from which they ordinarily would have been purchased at a usual

and normal charge in an arms length transaction.

     (i) For purposes of this subsection, “usual and normal charge for goods” means the price

of those goods in the market from which they ordinarily would have been purchased at the time of

the contribution. “Usual and normal charge for services”, other than those provided by an unpaid

volunteer, means the hourly or piecework charge for the services at a commercially reasonable rate

prevailing at the time the services are rendered.

     (15) “Independent expenditure” means an expenditure that, when taken as a whole,

expressly advocates the election or defeat of a clearly identified candidate, or the passage or defeat

of a referendum, or amounts to the functional equivalent of such express advocacy, and is in no

way coordinated, as set forth in § 17-25-23, with any candidate’s campaign, authorized candidate

committee, or political party committee. An expenditure amounts to the functional equivalent of

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express advocacy if it can only be interpreted by a reasonable person as advocating the election,

passage, or defeat of a candidate or referendum, taking into account whether the communication

mentions a candidate or referendum and takes a position on a candidate’s character, qualifications,

or fitness for office. An independent expenditure is not a contribution to that candidate or

committee.

     (i) Exceptions: The term “independent expenditure” does not include:

     (A) A communication appearing in a news story, commentary, or editorial distributed

through the facilities of any broadcasting station, unless such facilities are owned or controlled by

any political party, political committee, or candidate;

     (B) A communication that constitutes a candidate debate or forum conducted pursuant to

regulations adopted by the board of elections or that solely promotes such a debate or forum and is

made by or on behalf of the person sponsoring the debate or forum;

     (C) A communication made by any business entity to its members, owners, stockholders,

or employees;

     (D) A communication over the internet, except for (I) Communications placed for a fee on

the website of another person, business entity, or political action committee; and (II) Websites

formed primarily for the purpose, or whose primary purpose is, to expressly advocate the election

or defeat of a clearly identified candidate or the passage or defeat of a referendum; or

     (E) Any other communication exempted under such regulations as the board of elections

may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate

implementation of this paragraph.

     (16) “In-kind contributions” means the monetary value of other things of value or paid

personal services donated to, or benefiting, any person required to file reports with the board of

elections.

     (17) “Other thing of value” means any item of tangible real or personal property of a fair-

market value in excess of one hundred dollars ($100).

     (18) “Paid personal services” means personal services of every kind and nature, the cost or

consideration for which is paid or provided by someone other than the committee or candidate for

whom the services are rendered, but shall not include personal services provided without

compensation by persons volunteering their time.

     (19) “Person” means an individual, partnership, committee, association, corporation,

union, charity, and/or any other organization. The term “person” shall not include any exempt

nonprofit as defined herein or any organization described in § 501(c)(3) of the Internal Revenue

Code of 1986, or any subsequent corresponding internal revenue code of the United States, as

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amended from time to time, for the purposes of chapter 25.3 of this title only.

     (20) “Political action committee” means any group of two (2) or more persons that accepts

any contributions to be used for advocating the election or defeat of any candidate or candidates.

Only political action committees that have accepted contributions from fifteen (15) or more persons

in amounts of ten dollars ($10.00) or more within an election cycle shall be permitted to make

contributions, and those committees must make contributions to at least five (5) candidates for state

or local office within an election cycle.

     (21) “Public office” means any state, municipal, school, or district office or other position

that is filled by popular election, except political party offices. “Political party offices” means any

state, city, town, ward, or representative or senatorial district committee office of a political party

or delegate to a political party convention, or any similar office.

     (22) For purposes of chapter 25.3 of this title, “referendum” means the same as the

definition set forth in § 17-5-1.

     (23) “State” means state of Rhode Island.

     (24) “Testimonial affair” means an affair of any kind or nature including, but not limited

to, cocktail parties, breakfasts, luncheons, dinners, dances, picnics, or similar affairs expressly and

directly intended to raise campaign funds in behalf of a candidate to be used for nomination or

election to a public office in this state, or expressly and directly intended to raise funds in behalf of

any state or municipal committee of a political party, or expressly and directly intended to raise

funds in behalf of any political action committee.

     17-25-4. Applicability.

     The provisions of this chapter shall apply in any primary general, general, or special

election or town meeting for any public office of the state, municipality, or district or for the

determination of any question submitted to the voters of the state, municipality, or district.

     17-25-11. Dates for filing of reports by treasurers of candidates or of committees.

     (a) During the period between the appointment of the campaign treasurer for state and

municipal committees and political action committees, or in the case of an individual the date on

which the individual becomes a “declared or undeclared candidate” as defined in § 17-25-3(3),

except when the ninety-day (90) reporting period ends less than forty (40) days prior to an election

in which case the ninety-day (90) report shall be included as part of the report required to be filed

on the twenty-eighth (28th) day next preceding the day of the primary general, general, or special

election pursuant to subsection (a)(2) of this section, and the election, with respect to which

contributions are received or expenditures made by him or her in behalf of, or in opposition to, a

candidate, the campaign treasurer of a candidate, a political party committee, or a political action

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committee shall file a report containing an account of contributions received, and expenditures

made, on behalf of, or in opposition to, a candidate:

     (1) At ninety-day (90) intervals commencing on the date on which the individual first

becomes a candidate, as defined in § 17-25-3(3);

     (2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next

preceding the day of the primary general, general, or special election; provided, that in the case of

a primary general election for a special election where the twenty-eighth (28th) day next preceding

the day of the primary general election occurs prior to the first day for filing declarations of

candidacy pursuant to § 17-14-1, the reports shall be due on the fourteenth (14th) and seventh (7th)

days next preceding the day of the primary general election for the special election; and

     (3) A final report on the twenty-eighth (28th) day following the election. The report shall

contain:

     (i) The name and address and place of employment of each person from whom

contributions in excess of a total of two hundred dollars ($200), within a calendar year were

received;

     (ii) The amount contributed by each person;

     (iii) The name and address of each person to whom expenditures in excess of two hundred

dollars ($200), were made; and

     (iv) The amount and purpose of each expenditure.

     (b) Concurrent with the report filed on the twenty-eighth (28th) day following an election,

or at any time thereafter, the campaign treasurer of a candidate, or political party committee, or

political action committee, may certify to the board of elections that the campaign fund of the

candidate, political party committee, or political action committee having been instituted for the

purposes of the past election, has completed its business and been dissolved or, in the event that

the committee will continue its activities beyond the election, that its business regarding the past

election has been completed. The certification shall be accompanied by a final accounting of the

campaign fund, or of the transactions relating to the election, including the final disposition of any

balance remaining in the fund at the time of dissolution or the arrangements that have been made

for the discharge of any obligations remaining unpaid at the time of dissolution.

     (c)(1) Once the campaign treasurer certifies that the campaign fund has completed its

business and been dissolved, no contribution that is intended to defray expenditures incurred on

behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time that

the campaign treasurer certifies that the campaign fund has completed its business and been

dissolved, the treasurer shall file reports containing an account of contributions received and

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expenditures made at ninety-day (90) intervals commencing with the next quarterly report

following the election; however, the time to file under this subsection shall be no later than the last

day of the month following the ninety-day (90) period, except when the last day of the month filing

deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28) days

before an election, in which case the report shall be filed pursuant to the provisions of subsections

(a)(1) and (a)(2) of this section. Provided, however, if the last day of the month falls on a weekend

or a holiday, the report shall be due on the following business day.

     (2) In addition to the reports required pursuant to this section, a candidate or office holder

shall also file with the board of elections a paper copy of the account statement from the office

holder’s campaign account, which account statement shall be the next account statement issued by

their financial institution after the filing of the fourth quarterly campaign expense report. The

account statement shall be submitted to the board within thirty (30) days of its receipt by the

candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be deemed

a public record pursuant to the provisions of chapter 2 of title 38. The board of elections, its agents,

and employees shall not publish, deliver, copy, or disclose, to any person or entity any account

statement or information contained therein for any candidate, former candidate, officeholder, party,

or political action committee. Provided, as to state and municipal political parties, the requirements

of this subsection (c)(2) shall apply to the annual report required pursuant to § 17-25-7.

     (d)(1) There shall be no obligation to file the reports of expenditures required by this

section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf of

the candidacy by the candidate, by any political party committee, by any political action committee,

or by any person shall not in the aggregate exceed two thousand dollars ($2,000).

     (2) However, even though the aggregate amount expended on behalf of the candidacy does

not exceed two thousand dollars ($2,000), reports must be made listing the source and amounts of

all contributions in excess of a total of two hundred dollars ($200) from any one source, within a

calendar year. Even though the aggregate amount expended on behalf of the candidacy does not

exceed two thousand dollars ($2,000) and no contribution from any one source, within a calendar

year two hundred dollars ($200), the report shall state the aggregate amount of all contributions

received. In addition, the report shall state the amount of aggregate contributions that were from

individuals, the amount from political action committees, and the amount from political party

committees.

     (e) On or before the first date for filing contribution and expenditure reports, the campaign

treasurer may file a sworn statement that the treasurer will accept no contributions nor make

aggregate expenditures in excess of the minimum amounts for which a report is required by this

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chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that

campaign, other than the final report due on the twenty-eighth (28th) day following the election.

     (f) A campaign treasurer must file a report containing an account of contributions received

and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of this section

for any ninety-day (90) period in which the campaign received contributions in excess of a total of

two hundred dollars ($200), within a calendar year from any one source and/or made expenditures

in excess of two thousand dollars ($2,000) within a calendar year; however, the time to file under

this subsection shall be no later than the last day of the month following the ninety-day (90) period,

except when the last day of the month filing deadline following the ninety-day (90) reporting period

occurs less than twenty-eight (28) days before an election, in which case the report shall be filed

pursuant to the provisions of subsections (a)(1) and (a)(2) of this section. Provided, however, if the

last day of the month falls on a weekend or a holiday, the report shall be due on the following

business day.

     (g)(1) The board of elections may, for good cause shown and upon the receipt of a written

or electronic request, grant a seven-day (7) extension for filing a report; provided, that the request

must be received no later than the date upon which the report is due to be filed.

     (2) Any person or entity required to file reports with the board of elections pursuant to this

section and who or that has not filed the report by the required date, unless granted an extension

pursuant to subsection (g)(1) of this section, shall be fined twenty-five dollars ($25.00).

Notwithstanding any of the provisions of this section, the board of elections shall have the authority

to waive late filing fees for good cause shown.

     (3) The board of elections shall send a notice of non-compliance, by certified mail, to any

person or entity who or that fails to file the reports required by this section. A person or entity who

or that is sent a notice of non-compliance and fails to file the required report within seven (7) days

of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt of the

notice of non-compliance until the day the report has been received by the state board.

Notwithstanding any of the provisions of this section, the board of elections shall have the authority

to waive late filing fees for good cause shown.