2025 -- H 5381

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LC001111

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT

CANDIDATES

     Introduced By: Representatives Speakman, McGaw, Carson, Donovan, Tanzi, Boylan,
McEntee, and Ajello

     Date Introduced: February 07, 2025

     Referred To: House State Government & Elections

     (Secretary of State)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 17-14-1, 17-14-4, 17-14-11, 17-14-12, 17-14-13 and 17-14-14 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 In the even years

on the seventy-seventh (77th) and seventy-eighth (78th) day before the primary election held on

the ninth (9th) Tuesday preceding biennial general statewide elections, or on the seventy-eighth

(78th) and seventy-ninth (79th) day before a primary election held on the Wednesday after Labor

Day pursuant to § 17-15-1, and during the thirty-ninth (39th) and fortieth (40th) days preceding a

primary 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 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 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;

     (4) The office sought;

     (5) The place and date of birth;

     (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.

     17-14-4. Preparation of nomination papers for candidates — Combination of

endorsed candidates — Furnishing of nomination papers to candidates. [Effective January 1,

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2025.]

     (a) Upon receipt of the declarations referred to in § 17-14-1, within two (2) business days

of the final date for filing endorsements, the secretary of state for statewide candidates and the local

board for general assembly and local candidates shall prepare nomination papers for each person

who has filed a declaration of candidacy as provided in § 17-14-1; provided that, in years when

there is a holiday during the preparation period, the secretary of state shall set the date the

nomination papers shall be furnished to candidates. A minimum of three (3) sets of nomination

papers shall be prepared for each candidate whose name appears on nomination papers containing

the name of a candidate for general assembly and for local office. Nomination papers for voters

from the city of Providence for the offices enumerated in § 17-14-1 shall be furnished by the

secretary of state. Nomination papers shall be prepared with the name of the candidate as it appears

on the voting list, notwithstanding that the candidate may have signed their declaration of candidacy

other than as the candidate’s name appears on the voting list. Candidates for nomination for

different offices endorsed by the appropriate committee of any party shall be combined on the same

nomination papers. The names of candidates for different offices not endorsed by the appropriate

committee of any party shall not be combined on the same nomination papers. Nomination papers

for candidates for general assembly shall be furnished by the local board of the general assembly

candidate. Nomination papers shall be furnished to the local boards by the secretary of state and

each shall bear the imprint of the state coat of arms and any additional language required by law.

Nomination papers shall be appropriately marked or color coded to indicate the different political

parties, the endorsed and unendorsed candidates of those parties, and independent candidates.

     (b) Candidates for nomination may, at their own expense, have nomination papers

duplicated in exact appearance and as prescribed in subsection (a) of this section.

     (c) Nomination papers furnished by the secretary of state shall be personally issued to the

candidate, or in the case of combined nomination papers to one of the candidates, for whom they

were prepared, or to an individual presenting written authorization from the candidate, or one of

the candidates appearing on them, to receive the nomination papers.

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

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) sixty-first (61st) day before the primary to the local

board of the city or town where the signers appear to be voters or, in the case of special elections

for state and local office, on the twenty-eighth (28th) day before the primary, or in the case of

special elections for federal office, on the fifty-third (53rd) day before the primary. Nomination

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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) sixty-seven (67) 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

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

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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) fifty-five (55) days before the date of the

primary held to nominate candidates for general election; but when there is a primary 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 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 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) sixty-one (61) days before the date

of the election.

     17-14-13. Objections to eligibility of candidate or sufficiency of papers.

     When nomination papers have been duly filed and are in apparent conformity with § 17-

14-11, they shall be conclusively presumed to be valid, unless written objections to them are made

as to the eligibility of the candidate or the sufficiency of the nomination papers or the signatures on

them. All objections for local candidates shall be filed at the local board by four o'clock (4:00) p.m.

on the fifty-sixth (56th) day before the primary. All objections for federal and state candidates shall

be filed in the office of the secretary of state or of the local board, as the case may be, by four

o’clock (4:00) p.m. on the next business day after the last day fixed for filing nomination papers in

the appropriate office as provided in this chapter fifty-fourth (54th) day before the primary. Nothing

in this section shall be construed to prevent the secretary of state or the local board, as the case may

be, from disqualifying a candidate based on the determination of the secretary of state or the local

board, acting on its own motion, that the candidate is ineligible or the nomination papers or the

signatures on them are invalid or insufficient.

     17-14-14. Hearings on objections — Witnesses — Notice. [Effective January 1, 2025.]

     (a) All objections to nomination papers which are required to be filed with the secretary of

state shall be considered by the state board. The secretary of state shall, when requested by the state

board, immediately deliver to the board the nomination papers to which objection has been filed.

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The state board may, at the hearing on the objections, summon witnesses, administer oaths, and

require the production of books, papers, and documents. The witnesses shall be summoned in the

same manner, be paid the same fees, and be subject to the same penalties for default as witnesses

before the superior court. A summons may be sworn to and an oath may be administered by the

board. When an objection has been filed, notice of the objection shall be immediately given by

registered or certified mail or by personal service by the state board to the candidates, addressed to

the residence of the candidate as given in the nomination papers, and to any party committee

interested in the nomination to which objection is made. The state board shall promulgate rules and

regulations on challenges to nomination papers filed by any candidate, an individual presenting

written authorization from the candidate, or the chairperson of any party committee that questions

the validity or authenticity of any signature on the nomination paper of a candidate.

     (b) Additional notice may also be given by the state board if it sees fit to do so. The decision

of the board shall be rendered within two (2) days for nomination papers for candidates

participating in a primary election and thirty (30) days for nomination papers for candidates not

participating in a primary election, exclusive of Sundays and holidays, after filing of objections and

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

     (c) All objections to nomination papers other than state and federal candidates shall be

considered by the local board in the same manner and with the same effect as provided in subsection

(a) of this section for hearing of objections to nomination papers for state and federal candidates

by the state board.

     SECTION 2. Section 17-15-1 of the General Laws in Chapter 17-15 entitled "Primary

Elections" is hereby amended to read as follows:

     17-15-1. Date of primaries.

     A primary 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 ninth (9th) Tuesday

preceding biennial state elections. Provided, however, that if the ninth (9th) Tuesday is the day after

Labor Day, then the primary election shall be held on the next day, the Wednesday.

     SECTION 3. 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 -- NOMINATION OF PARTY AND INDEPENDENT

CANDIDATES

***

     This act would amend several statutes relating to elections and the dates for primaries and

dates within which to file nomination papers and object to nomination papers.

     This act would take effect on

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