2025 -- H 6092 | |
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LC002308 | |
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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 | |
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Introduced By: Representatives Voas, Potter, Kazarian, Alzate, and Stewart | |
Date Introduced: March 14, 2025 | |
Referred To: House State Government & Elections | |
(Secretary of State) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 17-14-4, 17-14-7, 17-14-8, 17-14-11, 17-14-12 and 17-14-13 of the |
2 | General Laws in Chapter 17-14 entitled "Nomination of Party and Independent Candidates" are |
3 | hereby amended to read as follows: |
4 | 17-14-4. Preparation of nomination papers for candidates — Combination of |
5 | endorsed candidates — Furnishing of nomination papers to candidates. [Effective January 1, |
6 | 2025.] |
7 | (a) Upon receipt of the declarations referred to in § 17-14-1, within two (2) business days |
8 | of the final date for filing endorsements, the secretary of state for statewide candidates and the local |
9 | board for general assembly and local candidates shall prepare nomination papers for each person |
10 | who has filed a declaration of candidacy as provided in § 17-14-1. A minimum of three (3) sets of |
11 | nomination papers shall be prepared for each candidate whose name appears on nomination papers |
12 | containing the name of a candidate for general assembly and for local office. Nomination papers |
13 | for voters from the city of Providence for the offices enumerated in § 17-14-1 shall be furnished by |
14 | the secretary of state. Nomination papers shall be prepared with the name of the candidate as it |
15 | appears on the voting list, notwithstanding that the candidate may have signed their declaration of |
16 | candidacy other than as the candidate’s name appears on the voting list. Candidates for nomination |
17 | for different offices endorsed by the appropriate committee of any party shall be combined on the |
18 | same nomination papers. The names of candidates for different offices not endorsed by the |
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1 | appropriate committee of any party shall not be combined on the same nomination papers. |
2 | Nomination papers for candidates for general assembly shall be furnished by the local board of the |
3 | general assembly candidate. Nomination papers shall be furnished to the local boards by the |
4 | secretary of state and each shall bear the imprint of the state coat of arms and any additional |
5 | language required by law. Nomination papers shall be appropriately marked or color coded to |
6 | indicate the different political parties, the endorsed and unendorsed candidates of those parties, and |
7 | independent candidates. |
8 | (b) Candidates for nomination may, at their own expense, have nomination papers |
9 | duplicated in exact appearance and as prescribed in subsection (a) of this section. |
10 | (c) Nomination papers furnished by the secretary of state shall be personally issued to the |
11 | candidate, or in the case of combined nomination papers to one of the candidates, for whom they |
12 | were prepared, or to an individual presenting written authorization from the candidate, or one of |
13 | the candidates appearing on them, to receive the nomination papers. |
14 | (d) During the timeframe prescribed in subsection (a) of this section and pursuant to § 17- |
15 | 14-4.2, the secretary of state shall make available the online nomination paper portal for voters to |
16 | electronically sign nomination papers of the candidate(s) for any office the voter may lawfully vote |
17 | for at the general election. |
18 | 17-14-7. Number of signers required for nomination papers. Number of signers |
19 | required for nomination papers and online nomination portal. |
20 | (a) United States senator or governor. The nomination papers of a candidate for the party |
21 | nomination or an independent candidate for presidential elector, United States senator, or governor |
22 | shall be signed, in the aggregate, by at least one thousand (1,000) voters. Notwithstanding the |
23 | foregoing, for the 2020 election only, the nomination papers of a candidate for the party nomination |
24 | or an independent candidate for United States senator shall be signed, in the aggregate, by at least |
25 | five hundred (500) voters. |
26 | (b) Representative in Congress. The nomination papers of a candidate for the party |
27 | nomination or an independent candidate for representative in Congress shall be signed, in the |
28 | aggregate, by at least five hundred (500) voters. Notwithstanding the foregoing, for the 2020 |
29 | election only, the nomination papers of a candidate for the party nomination or an independent |
30 | candidate for representative in Congress shall be signed, in the aggregate, by at least two hundred |
31 | fifty (250) voters. |
32 | (c) General state offices. The nomination papers of a candidate for the party nomination or |
33 | an independent candidate for any of the general offices of the state, excluding governor, shall be |
34 | signed, in the aggregate, by at least five hundred (500) voters. |
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1 | (d) State senator. The nomination papers of a candidate for a party nomination or |
2 | independent candidate for senator in any senatorial district shall be signed, in the aggregate, by at |
3 | least one hundred (100) voters of the senatorial district. |
4 | (e) State representative. The nomination papers of a candidate for party nomination or an |
5 | independent candidate for a member of the house of representatives from any representative district |
6 | shall be signed, in the aggregate, by at least fifty (50) voters of the representative district. |
7 | (f) City offices. The nomination papers of a candidate for party nomination or an |
8 | independent candidate for any local office to be filled by the voters of any city at large shall be |
9 | signed, in the aggregate, by at least two hundred (200) voters of the city, provided that in the city |
10 | of Newport, for at-large candidates or candidates for school committee, at least one hundred (100) |
11 | signatures shall be required; provided, further, that in the city of Woonsocket, for candidates for |
12 | citywide nonpartisan office, including city council, mayor, and candidates for school committee, if |
13 | elected, at least one hundred (100) signatures shall be required; and provided, further that in the |
14 | city of Providence, at least five hundred (500) signatures shall be required. |
15 | (g) Voting district moderator or clerk. The nomination papers for a candidate for voting |
16 | district moderator or clerk in any town shall be signed, in the aggregate, by at least ten (10) voters |
17 | of the voting district. |
18 | (h) Other offices. The nomination papers of a candidate for party nomination for other |
19 | offices covered by § 17-15-7, or for the election of delegates or for unendorsed party committee |
20 | candidates, shall be signed, in the aggregate, by fifty (50) voters. |
21 | (i) Electronic signatures via the online nomination paper portal pursuant to § 17-14-4.2(a) |
22 | shall count towards a candidate's aggregate total signatures as prescribed in subsections (a) through |
23 | (h) of this section. |
24 | 17-14-8. Signing of nomination papers. Signing of nomination papers and electronic |
25 | signature(s) in the online nomination paper portal. |
26 | Not all endorsers of a candidate need sign on the same nomination papers, but endorsers |
27 | who are voters in different cities and towns shall not sign the same sheet. Every voter signing a |
28 | nomination paper shall sign in person with his or her name, place of residence, and street number, |
29 | as it appears on the voting list. The signature shall be accepted as valid if it can be reasonably |
30 | identified to be the signature of the voter it purports to be. A variation of the voter’s signature by |
31 | the insertion or omission of identifying titles or by the substitution of initials for the first or middle |
32 | names, or both, shall not in itself be grounds for invalidation of the signature. Any voter who is |
33 | unable to write may sign by making his or her mark “X” on the nomination paper in the presence |
34 | of two (2) witnesses who shall subscribe their names on the paper as witnesses to the signing. For |
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1 | voters who electronically sign nomination papers using the online nomination paper portal, the |
2 | voter's electronic signature shall be accepted if the voter meets all of the requirements prescribed |
3 | by § 17-14-4.2(d). |
4 | 17-14-11. Checking and certification of nomination papers — Challenge. [Effective |
5 | January 1, 2025.] |
6 | (a) Each nomination paper, including those on the online nomination paper portal, for party |
7 | and independent candidates shall be submitted before four o’clock (4:00) p.m. on the sixtieth (60th) |
8 | day before the primary to the local board of the city or town where the signers appear to be voters |
9 | or, in the case of special elections for state and local office, on the twenty-eighth (28th) day before |
10 | the primary, or in the case of special elections for federal office, on the fifty-third (53rd) day before |
11 | the primary. Nomination papers, including those on the online nomination paper portal, for |
12 | independent presidential candidates and presidential candidates of political parties, other than those |
13 | defined in § 17-1-2(9), shall be filed not later than sixty (60) days prior to the general election. Each |
14 | local board shall immediately proceed to check signatures on each nomination paper filed with it |
15 | and each electronic signature submitted via the online nomination paper portal against the voting |
16 | list as last canvassed or published according to law. |
17 | (b) The local boards shall certify a sufficient number of names appearing on the nomination |
18 | papers and via the online nomination paper portal that are in conformity with the requirements of |
19 | § 17-14-8 to qualify the candidate for a position on the ballot, and after considering any challenge |
20 | under this section and, if necessary, certifying any additional valid names, shall immediately file |
21 | nomination papers for statewide office, general assembly, and state and district committee |
22 | candidates with the secretary of state; provided, that nomination papers for local candidates shall |
23 | be retained by the local board. |
24 | (c) If any candidate or an individual presenting written authorization from the candidate, |
25 | or the chairperson of any party committee questions the validity or authenticity of any signature on |
26 | the nomination paper or electronic signature via the online nomination paper portal, the local board |
27 | shall immediately and summarily decide the question, and for this purpose, shall have the same |
28 | powers as are conferred upon the board by the provisions of § 17-14-14. |
29 | (d) If any challenged signature or electronic signature is found to be invalid, for any reason |
30 | in law, or forged, then the signature or electronic signature shall not be counted. |
31 | (e) The local canvassing clerk shall immediately notify the state board in writing and via |
32 | electronic mail if the local canvassing clerk suspects a consistent pattern of forgery as prescribed |
33 | by § 17-23-17 on the nomination papers or in the online nomination paper portal of a local, state, |
34 | or federal candidate. |
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1 | (1) The state board, upon notification of allegations of any consistent pattern of suspected |
2 | forged signatures on nomination papers or electronic signatures via the online nomination paper |
3 | portal of a local, state, or federal candidate, shall review the allegations and, if determined to be |
4 | with reasonable cause, shall, as soon as feasible notify all corresponding local canvassing clerks of |
5 | the allegations of suspected forgery. |
6 | (2) The state board, if it deems necessary, shall order a review of all nomination papers of |
7 | a local, state, or federal candidate whose nomination papers include a consistent pattern of |
8 | suspected forged signatures as prescribed in this subsection. The state board, if it deems necessary, |
9 | may order a review of all electronic signatures via the online nomination paper portal. The state |
10 | board, in consultation with the Elections Committee of the Rhode Island Town and City Clerks’ |
11 | Association, shall promulgate rules and regulations on the process to review nomination papers of |
12 | a local, state, or federal candidate whose nomination papers include a consistent pattern of |
13 | suspected forged signatures as prescribed in this subsection. |
14 | (3) The state board shall explicitly determine and deliver, in writing and via electronic mail |
15 | to the secretary of state, the findings of the review of the local, state, or federal candidate whose |
16 | nomination papers include suspected forged signatures as prescribed in this subsection, and whether |
17 | the determination affects a candidate’s qualification for a position on the ballot. |
18 | 17-14-12. Filing of nomination papers. |
19 | All nomination papers, including those nomination papers on the online nomination paper |
20 | portal, for state offices or officers and all certified lists of candidates for local offices or officers |
21 | shall be filed in the office of the secretary of state (the certified lists by the respective local boards), |
22 | not later than fifty-four (54) days before the date of the primary held to nominate candidates for |
23 | general election; but when there is a primary to nominate candidates for any office mentioned in § |
24 | 17-15-7 to be voted upon at a special election for state and local office, all nomination papers and |
25 | lists of local candidates shall be filed in the office on or before the twenty-sixth (26th) day preceding |
26 | the day of the special primary election, or when there is a primary to nominate candidates for any |
27 | office listed in § 17-15-7 to be voted upon at a special election for federal office, all nomination |
28 | papers and lists of local candidates shall be filed in the office on or before the forty-nineth (49th) |
29 | day preceding the day of the special primary election. Nomination papers, including those |
30 | nomination papers on the online nomination paper portal, for independent presidential candidates |
31 | and presidential candidates of political parties other than those defined in § 17-1-2(9) shall be filed |
32 | in the office of the secretary of state by the local boards of canvassers not later than fifty-four (54) |
33 | days before the date of the election. |
34 | 17-14-13. Objections to eligibility of candidate or sufficiency of papers. |
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1 | When nomination papers, including those nomination papers on the online nomination |
2 | paper portal, have been duly filed and are in apparent conformity with § 17-14-11, they shall be |
3 | conclusively presumed to be valid, unless written objections to them are made as to the eligibility |
4 | of the candidate or the sufficiency of the nomination papers or the signatures including electronic |
5 | signatures on them. All objections shall be filed in the office of the secretary of state or of the local |
6 | board, as the case may be, by four o’clock (4:00) p.m. on the next business day after the last day |
7 | fixed for filing nomination papers in the appropriate office as provided in this chapter. Nothing in |
8 | this section shall be construed to prevent the secretary of state or the local board, as the case may |
9 | be, from disqualifying a candidate based on the determination of the secretary of state or the local |
10 | board, acting on its own motion, that the candidate is ineligible or the nomination papers or the |
11 | signatures on them are invalid or insufficient. |
12 | SECTION 2. Chapter 17-14 of the General Laws entitled "Nomination of Party and |
13 | Independent Candidates" is hereby amended by adding thereto the following sections: |
14 | 17-14-4.2. Online nomination paper portal. |
15 | (a) In addition to any other available means of signing nomination papers, the secretary of |
16 | state shall establish and maintain an online nomination paper portal through which voters may |
17 | electronically sign nomination papers of the candidate(s) for any office the voter may lawfully vote |
18 | for at the general election. |
19 | (b) The online nomination paper portal shall provide voters the ability to electronically sign |
20 | the nomination papers for candidates for any office the voter may lawfully vote for at the general |
21 | election. An electronic signature shall be considered the same as the voter's signature on a |
22 | nomination paper as prescribed in this chapter. |
23 | (c) A voter’s electronic signature shall be considered submitted on the calendar date and |
24 | time the authorization is initially transmitted by the voter through the online nomination paper |
25 | portal. |
26 | (d) A voter shall electronically sign a candidate’s nomination paper when the voter: |
27 | (1) Provides the voter’s first name, last name, date of birth, and zip code to access the |
28 | online nomination paper portal; |
29 | (2) Verifies the voter’s identity through the online nomination paper portal by providing |
30 | the voter’s valid Rhode Island driver’s license number or state identification number; |
31 | (3) Selects the intended candidate’s name using the online nomination paper portal as |
32 | prescribed in this section; and |
33 | (4) Affirms, subject to penalty of perjury, that the information the voter has provided is |
34 | true and accurate to the best of their knowledge and belief. |
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1 | (e) To ensure full, equal, and independent access to all voters with disabilities, the online |
2 | nomination paper portal shall comply, at minimum, with all requirements under Title II of the |
3 | Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165, and Web Content Accessibility |
4 | Guidelines (WCAG) 2.0 compliance level AA. |
5 | (f) The online nomination paper portal shall be fully implemented for the nomination paper |
6 | process for the 2028 presidential preference primary and all subsequent elections thereafter. This |
7 | subsection shall not be construed to prohibit the secretary of state from implementing the online |
8 | nomination paper process for any special election that occurs prior to the 2028 presidential |
9 | preference primary. |
10 | (g) The secretary of state may promulgate rules and regulations to establish, maintain, and |
11 | implement the online nomination paper portal as prescribed in this section. |
12 | 17-14-9.1. Application of electronic signature(s) via the online nomination paper |
13 | portal. |
14 | A voter may electronically sign the nomination paper for any number of candidate(s) for |
15 | any office the voter may lawfully vote for at the general election. |
16 | 17-14-10.1. Voter attestation when using the online nomination paper portal. |
17 | Voters using the online nomination paper portal shall affirm, subject to penalty of perjury, |
18 | that the information the voter has provided via the online nomination paper portal is true and |
19 | accurate to the best of their knowledge and belief. Voters using the online nomination paper portal |
20 | shall meet all of the requirements prescribed by § 17-14-4.2(d). |
21 | SECTION 3. Section 17-23-17 of the General Laws in Chapter 17-23 entitled "Election |
22 | Offenses" is hereby amended to read as follows: |
23 | 17-23-17. Violations with respect to elections. |
24 | (a) Any person is guilty of a felony who: |
25 | (1) Makes a declaration of candidacy or obtains, circulates, or causes to be circulated his |
26 | or her nomination papers for an office, knowing or with good reason to know that he or she is not |
27 | qualified as provided in this title to be his or her party’s candidate for the office; |
28 | (2) Knowingly or without reasonable and proper investigation makes any substantial |
29 | misstatement in any declaration of candidacy, nomination paper, or affidavit provided for in this |
30 | title; |
31 | (3) Signs a nomination paper when he or she knows that he or she is not qualified to sign; |
32 | (4) Votes or attempts to vote at any election when he or she knows or should know that he |
33 | or she is not qualified to vote; |
34 | (5) Votes or attempts to vote more than once at any election, or votes or attempts to vote |
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1 | in more than one political party’s primary on the same day; |
2 | (6) Votes or attempts to vote at any election under the name of any other person; |
3 | (7) Willfully hinders the orderly conduct of any election; |
4 | (8) Gives a false answer to any election official relative to his or her right to vote at the |
5 | election; |
6 | (9) Aids or abets a person not entitled to vote at any election in voting or attempting to vote |
7 | under a name other than the voter’s name or in voting twice upon the voter’s name; |
8 | (10) Willfully alters or makes any change, erasure, or additional check upon the voting list |
9 | used or to be used at any election; or |
10 | (11) Willfully violates any provisions of chapters 12 — 15 of this title for which violation |
11 | a specific penalty is not provided. |
12 | (b) Any person who unlawfully and knowingly signs the name of any other person on any |
13 | nomination papers shall be guilty of a felony. |
14 | (c) Any public officer or officer of a political party who willfully violates any of the |
15 | provisions of chapters 12 — 15 of this title, or refuses or willfully neglects and omits to perform, |
16 | in the manner and within the time prescribed, any duty imposed upon the officer by these chapters, |
17 | or suffers or permits any alteration, erasure, or additional check to be made upon a voting list in the |
18 | officer’s custody or control, shall be guilty of a felony. |
19 | (d) For purposes of this chapter, “online nomination paper portal” shall also be construed |
20 | to mean a “nomination paper” as prescribed in § 17-14-4.2. |
21 | SECTION 4. This act shall take effect on January 1, 2027. |
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LC002308 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT | |
CANDIDATES | |
*** | |
1 | This act would make several amendments to provide for an online nomination paper portal |
2 | for election nomination papers. |
3 | This act would take effect on January 1, 2027. |
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LC002308 | |
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