2025 -- H 5312

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO ELECTIONS -- LOCAL CANVASSING AUTHORITIES

     Introduced By: Representatives Carson, and Shanley

     Date Introduced: February 05, 2025

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-8-1, 17-8-2 and 17-8-5 of the General Laws in Chapter 17-8

entitled "Local Canvassing Authorities" are hereby amended to read as follows:

     17-8-1. Appointment of bipartisan authority.

     (a) The legislative body of each city and town shall appoint a bipartisan canvassing

authority of three (3) qualified electors of the city or town, not more than two (2) of whom shall

belong to the same political party, and may shall appoint two (2) alternate members, not more than

one of whom shall belong to the same political party. At any meeting of the canvassing authority

at which a member is to be absent, the member may request that an alternate replace him or her for

that meeting; provided, that the alternate member must be of the same political party as the member.

The mayor, in cities and towns that elect a mayor, or the president of the town council, in cities and

towns with no elected mayor, shall, within thirty (30) days of receipt of lists, nominate the members

of the canvassing authority from lists of party voters submitted by the respective chairpersons of

the city or town political committee, which lists shall contain the names of five (5) times the number

of persons to be appointed. If the legislative body refuses to approve the nomination of any person

to the canvassing authority, the mayor or the president shall submit to the legislative body, within

thirty (30) days of the refusal, another person named on one of the lists, and so on until a person is

appointed. If the chairperson of the city or town committee of a political party entitled to an

appointment fails or refuses to submit a list, within thirty (30) days of notice of a vacancy, the

mayor or the council president, as the case may be, shall nominate any party voter of the political

party entitled to the appointment.

     (b) In any instance, in which a vacancy occurs and the remaining two (2) members of the

canvassing authority each belong to different political parties, the respective chairpersons of any

recognized city or town political party committee that has duly filed a biennial organization with

the canvassing authority, in accordance with § 17-12-9, shall each be entitled to submit a list, and

the mayor or the council president, as the case may be, shall nominate any party voter from any of

the submitted lists, in accordance with the procedures of subsection (a) of this section.

     17-8-2. Term and qualifications for office.

     (a) Each member of a local canvassing authority shall be appointed to serve for a term of

six (6) years beginning on the first Monday of March succeeding the date of his or her appointment

and until his or her successor is elected and qualified. No person shall be appointed or serve as a

member of the authority who is an officer or employee of the United States or of this state, or who

is an officer or employee of the authority’s city or town; provided, that in any city a member of the

authority may be employed as its clerk. Any member of the authority who becomes a candidate for

election to any public office and who fails to file a declination of the candidacy within the time

allowed by law shall be disqualified from holding membership upon the authority and his or her

successor shall be immediately elected.

     (b) The fixed six (6) year terms of members of a local canvassing authority, shall expire on

a staggered basis on the first Monday of March in odd-numbered years; provided that, not more

than one member's term, shall expire in any odd-numbered year. If the term expiration dates on

record for any canvassing authority members are found to be in noncompliance with the provisions

of this section, the town or city clerk shall immediately correct them.

     (c) The fixed six (6) year terms of alternates of a local canvassing authority shall expire on

the first Monday of March in any odd-numbered year.

     17-8-5. Local boards — Powers and duties — Quorum.

     (a) Each canvassing authority shall have and exercise the functions, powers, and duties

provided for local boards by this title or by any law not inconsistent with this title. It shall:

     (1) Select one of its members as presiding officer and another as clerk of the board;

provided, that nothing in this title shall be deemed to affect the powers and duties of the town clerk

who shall be ex officio the clerk of the respective town canvassing authorities; and provided,

further, that in the cities of Pawtucket, Central Falls, Newport, Woonsocket, Cranston, and

Warwick, the clerk shall be designated at the time of his or her election or appointment;

     (2) Have and discharge all of the functions, powers, and duties of the town council

concerning nominations, elections, registration of voters and canvassing rights, the preparing and

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correcting of voting lists, and other related matters, which powers are transferred to the local board;

     (3) Make or furnish all returns or other things required by law to be made or furnished to

or by city clerks, boards of canvassers, and district clerks, relative to any matter within the purview

of this title;

     (4) Appoint and employ all its necessary clerical and technical assistants and fix the

compensation of each person appointed, within the limits of funds available to it pursuant to law;

provided, that in the cities of Cranston and Woonsocket and the town of Coventry the employment

and compensation shall be subject to the approval of the respective city or town councils;

     (5) The town or city clerk, or designee, in municipalities where the town or city clerk is by

law, charter, or ordinance charged with the functions of election administration, shall be the chief

local election official, primary administrative contact, and liaison from the canvassing authority

and local board to the secretary of state and to the state board of elections, except in towns and

cities where an election office, separate from the town or city clerk, is charged with election

administration, said chief local election official shall be designated by the local board and shall

hold the same duties. The chief local election official, upon taking office as city or town clerk, or

upon designation by the local board, as the case may be, shall designate an alternate local election

official, and shall at all times provide and maintain emergency contact information for, at minimum,

the chief local election official, the alternate local election official, and the chairperson of the board

of canvassers on file with the secretary of state and state board of elections; and

     (6) The chief local election official shall, under the direction of the local board, have the

authority to coordinate with the secretary of state to add, modify, or revoke access to the statewide

central voter register for any system users in the municipality, who require it in order to carry out

the duties imposed on the canvassing authority by this title.

     (b) A quorum of a local board for the purpose of receiving registrations shall be comprised

of one member of the board, and for all other purposes a quorum shall be comprised of two (2)

members.

     SECTION 2. This act shall take effect on January 1, 2026.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- LOCAL CANVASSING AUTHORITIES

***

     This act would require the respective party chairpersons to submit lists of party voters to

the mayor or council president, as the case may be, within thirty (30) days of notice of vacancy, in

a municipal election office and would require the mayor or council president to make a nomination

for a replacement to the council within thirty (30) days of receipt of the lists. It would also clarify

the term expiration dates for canvassing authority members and alternates, and would direct the

city or town clerk to make immediate corrections if the term expiration dates on record are found

to be in noncompliance with the provisions of this act. The act would require the local canvassing

board to designate a chief local election official, and for that designee to designate an alternate local

election official. It would further establish that the chief local election official is the only agent

authorized to request user access to the statewide central voter register via the secretary of state.

     This act would take effect on January 1, 2026.

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