2026 -- H 7089 | |
======== | |
LC003129 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT | |
CANDIDATES | |
| |
Introduced By: Representatives Speakman, Donovan, Spears, Boylan, and Carson | |
Date Introduced: January 14, 2026 | |
Referred To: House State Government & Elections | |
(Secretary of State) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 17-14-1, 17-14-4, 17-14-11, 17-14-12, 17-14-13 and 17-14-14 of |
2 | the General Laws in Chapter 17-14 entitled "Nomination of Party and Independent Candidates" are |
3 | hereby amended to read as follows: |
4 | 17-14-1. Declarations of candidacy. |
5 | During the last consecutive Monday, Tuesday, and Wednesday in June in In the even years |
6 | on the seventy-seventh (77th) and seventy-eighth (78th) day before the primary election held on |
7 | the ninth (9th) Tuesday preceding biennial general statewide elections, or on the seventy-eighth |
8 | (78th) and seventy-ninth (79th) day before a biennial statewide primary election held on the |
9 | Wednesday after Labor Day pursuant to § 17-15-1, and during the thirty-ninth (39th) and fortieth |
10 | (40th) days preceding a primary election for a special election for state or local office, or for an |
11 | election for state or local office regularly scheduled for a time other than the biennial general |
12 | statewide election, or during the sixty-seventh (67th) and sixty-eighth (68th) days preceding a |
13 | primary election for a special election for federal office, or for an election for federal office |
14 | regularly scheduled for a time other than the biennial general statewide election, each voter desiring |
15 | to be a candidate at the upcoming primary or an independent candidate on final nomination papers |
16 | shall, on a form that shall be provided by the secretary of state, file a declaration of their candidacy |
17 | not later than four o’clock (4:00) p.m. of the last day for the filing with the secretary of state for |
18 | congressional and statewide general offices, or with the local board of the place of the candidate’s |
| |
1 | voting residence for general assembly, or state committee or senatorial and representative district |
2 | committee, or with the appropriate local board for local officers. Notwithstanding the foregoing, if |
3 | the first day declarations are due is a holiday, the declarations shall be filed on the next two (2) |
4 | subsequent business days. The declaration shall be signed by the candidate as the candidate’s name |
5 | appears on the voting list. The signature shall be accepted as valid if it can be reasonably identified |
6 | to be the name and signature of the voter it purports to be. A variation of the voter’s signature by |
7 | the insertion or omission of identifying titles or by the substitution of initials for the first or middle |
8 | names or both shall not in itself be grounds for invalidation of the signature. The declaration shall |
9 | also include the following information: |
10 | (1) The candidate’s name as it appears on the voting list, subject to the same provisions as |
11 | relate to the voter’s signature on the declaration; |
12 | (2) The address as it appears on the voting list, provided that an address that is substantially |
13 | the same as the address on the voting list shall be valid; |
14 | (3) The party declaration if seeking to run in a party primary; |
15 | (4) The office sought; |
16 | (5) The place and date of birth; |
17 | (6) The length of residence in the state and in the town or city where the candidate resides; |
18 | (7) A certification that the candidate is neither serving a sentence, including probation or |
19 | parole, for which the candidate was imprisoned upon final conviction of a felony imposed on any |
20 | date nor serving any sentence, whether incarcerated or suspended, on probation or parole, upon |
21 | final conviction of a felony committed after November 5, 1986; |
22 | (8) A certification that the candidate has not been lawfully adjudicated to be non compos |
23 | mentis, of unsound mind; |
24 | (9) In the case of candidates for party nomination, a certification that the candidate has not |
25 | been a member of a political party other than the declared party within ninety (90) days of the filing |
26 | date, except in the case of candidates for party nomination for a special election for federal office, |
27 | or for an election for federal office regularly scheduled for a time other than the biennial general |
28 | statewide election, that person shall not have been a member of a political party other than the |
29 | declared political party within thirty (30) days of the filing of their declaration of candidacy; and |
30 | (10) If a person is a candidate for a state or local office, a certification that the person has |
31 | not within the preceding three (3) years served any sentence, incarcerated or suspended, on |
32 | probation or parole, for a crime committed after November 5, 1986, upon a plea of nolo contendere |
33 | or guilty or upon a conviction of a felony or for a misdemeanor for which a sentence of |
34 | imprisonment for six (6) months or more, whether suspended or to be served was imposed. |
| LC003129 - Page 2 of 7 |
1 | 17-14-4. Preparation of nomination papers for candidates — Combination of |
2 | endorsed candidates — Furnishing of nomination papers to candidates. |
3 | (a) Upon receipt of the declarations referred to in § 17-14-1, within two (2) business days |
4 | of the final date for filing endorsements, the secretary of state for statewide candidates and the local |
5 | board for general assembly and local candidates shall prepare nomination papers for each person |
6 | who has filed a declaration of candidacy as provided in § 17-14-1; provided that, in years when |
7 | there is a holiday during the declaration of a candidacy, endorsement, or nomination paper |
8 | preparation period, the nomination papers shall be furnished to candidates within one business day. |
9 | A minimum of three (3) sets of nomination papers shall be prepared for each candidate whose name |
10 | appears on nomination papers containing the name of a candidate for general assembly and for |
11 | local office. Nomination papers for voters from the city of Providence for the offices enumerated |
12 | in § 17-14-1 shall be furnished by the secretary of state. Nomination papers shall be prepared with |
13 | the name of the candidate as it appears on the voting list, notwithstanding that the candidate may |
14 | have signed their declaration of candidacy other than as the candidate’s name appears on the voting |
15 | list. Candidates for nomination for different offices endorsed by the appropriate committee of any |
16 | party shall be combined on the same nomination papers. The names of candidates for different |
17 | offices not endorsed by the appropriate committee of any party shall not be combined on the same |
18 | nomination papers. Nomination papers for candidates for general assembly shall be furnished by |
19 | the local board of the general assembly candidate. Nomination papers shall be furnished to the local |
20 | boards by the secretary of state and each shall bear the imprint of the state coat of arms and any |
21 | additional language required by law. Nomination papers shall be appropriately marked or color |
22 | coded to indicate the different political parties, the endorsed and unendorsed candidates of those |
23 | parties, and independent candidates. |
24 | (b) Candidates for nomination may, at their own expense, have nomination papers |
25 | duplicated in exact appearance and as prescribed in subsection (a) of this section. |
26 | (c) Nomination papers furnished by the secretary of state shall be personally issued to the |
27 | candidate, or in the case of combined nomination papers to one of the candidates, for whom they |
28 | were prepared, or to an individual presenting written authorization from the candidate, or one of |
29 | the candidates appearing on them, to receive the nomination papers. |
30 | 17-14-11. Checking and certification of nomination papers — Challenge. |
31 | (a) Each nomination paper for party and independent candidates shall be submitted before |
32 | four o’clock (4:00) p.m. on the sixtieth (60th) sixty-first (61st) day before the primary to the local |
33 | board of the city or town where the signers appear to be voters or, in the case of special elections |
34 | for state and local office, on the twenty-eighth (28th) day before the primary, or in the case of |
| LC003129 - Page 3 of 7 |
1 | special elections for federal office, on the fifty-third (53rd) day before the primary. Nomination |
2 | papers for independent presidential candidates and presidential candidates of political parties, other |
3 | than those defined in § 17-1-2(9), shall be filed not later than sixty (60) sixty -seven (67) days prior |
4 | to the general election. Each local board shall immediately proceed to check signatures on each |
5 | nomination paper filed with it against the voting list as last canvassed or published according to |
6 | law. |
7 | (b) The local boards shall certify a sufficient number of names appearing on the nomination |
8 | papers that are in conformity with the requirements of § 17-14-8 to qualify the candidate for a |
9 | position on the ballot, and after considering any challenge under this section and, if necessary, |
10 | certifying any additional valid names, shall immediately file nomination papers for statewide |
11 | office, general assembly, and state and district committee candidates with the secretary of state; |
12 | provided, that nomination papers for local candidates shall be retained by the local board. |
13 | (c) If any candidate or an individual presenting written authorization from the candidate, |
14 | or the chairperson of any party committee questions the validity or authenticity of any signature on |
15 | the nomination paper, the local board shall immediately and summarily decide the question, and |
16 | for this purpose, shall have the same powers as are conferred upon the board by the provisions of |
17 | § 17-14-14. |
18 | (d) If any challenged signature is found to be invalid, for any reason in law, or forged, then |
19 | the signature shall not be counted. |
20 | (e) The local canvassing clerk shall immediately notify the state board in writing and via |
21 | electronic mail if the local canvassing clerk suspects a consistent pattern of forgery as prescribed |
22 | by § 17-23-17 on the nomination papers of a local, state, or federal candidate. |
23 | (1) The state board, upon notification of allegations of any consistent pattern of suspected |
24 | forged signatures on nomination papers of a local, state, or federal candidate, shall review the |
25 | allegations and, if determined to be with reasonable cause, shall, as soon as feasible notify all |
26 | corresponding local canvassing clerks of the allegations of suspected forgery. |
27 | (2) The state board, if it deems necessary, shall order a review of all nomination papers of |
28 | a local, state, or federal candidate whose nomination papers include a consistent pattern of |
29 | suspected forged signatures as prescribed in this subsection. The state board, in consultation with |
30 | the Elections Committee of the Rhode Island Town and City Clerks’ Association, shall promulgate |
31 | rules and regulations on the process to review nomination papers of a local, state, or federal |
32 | candidate whose nomination papers include a consistent pattern of suspected forged signatures as |
33 | prescribed in this subsection. |
34 | (3) The state board shall explicitly determine and deliver, in writing and via electronic mail |
| LC003129 - Page 4 of 7 |
1 | to the secretary of state, the findings of the review of the local, state, or federal candidate whose |
2 | nomination papers include suspected forged signatures as prescribed in this subsection, and whether |
3 | the determination affects a candidate’s qualification for a position on the ballot. |
4 | 17-14-12. Filing of nomination papers. |
5 | All nomination papers for state offices or officers and all certified lists of candidates for |
6 | local offices or officers shall be filed in the office of the secretary of state (the certified lists by the |
7 | respective local boards), not later than fifty-four (54) fifty-five (55) days before the date of the |
8 | primary held to nominate candidates for general election; but when there is a primary to nominate |
9 | candidates for any office mentioned in § 17-15-7 to be voted upon at a special election for state and |
10 | local office, all nomination papers and lists of local candidates shall be filed in the office on or |
11 | before the twenty-sixth (26th) day preceding the day of the special primary election, or when there |
12 | is a primary to nominate candidates for any office listed in § 17-15-7 to be voted upon at a special |
13 | election for federal office, all nomination papers and lists of local candidates shall be filed in the |
14 | office on or before the forty-nineth (49th) day preceding the day of the special primary election. |
15 | Nomination papers for independent presidential candidates and presidential candidates of political |
16 | parties other than those defined in § 17-1-2(9) shall be filed in the office of the secretary of state |
17 | by the local boards of canvassers not later than fifty-four (54) sixty-one (61) days before the date |
18 | of the election. |
19 | 17-14-13. Objections to eligibility of candidate or sufficiency of papers. |
20 | When nomination papers have been duly filed and are in apparent conformity with § 17- |
21 | 14-11, they shall be conclusively presumed to be valid, unless written objections to them are made |
22 | as to the eligibility of the candidate or the sufficiency of the nomination papers or the signatures on |
23 | them. All objections for local candidates shall be filed at the local board by four o'clock (4:00) p.m. |
24 | on the fifty-sixth (56th) day before the primary. All objections for federal and state candidates shall |
25 | be filed in the office of the secretary of state or of the local board, as the case may be, by four |
26 | o’clock (4:00) p.m. on the next business day after the last day fixed for filing nomination papers in |
27 | the appropriate office as provided in this chapter fifty-fourth (54th) day before the primary. Nothing |
28 | in this section shall be construed to prevent the secretary of state or the local board, as the case may |
29 | be, from disqualifying a candidate based on the determination of the secretary of state or the local |
30 | board, acting on its own motion, that the candidate is ineligible or the nomination papers or the |
31 | signatures on them are invalid or insufficient. |
32 | 17-14-14. Hearings on objections — Witnesses — Notice. |
33 | (a) All objections to nomination papers which are required to be filed with the secretary of |
34 | state shall be considered by the state board. The secretary of state shall, when requested by the state |
| LC003129 - Page 5 of 7 |
1 | board, immediately deliver to the board the nomination papers to which objection has been filed. |
2 | The state board may, at the hearing on the objections, summon witnesses, administer oaths, and |
3 | require the production of books, papers, and documents. The witnesses shall be summoned in the |
4 | same manner, be paid the same fees, and be subject to the same penalties for default as witnesses |
5 | before the superior court. A summons may be sworn to and an oath may be administered by the |
6 | board. When an objection has been filed, notice of the objection shall be immediately given by |
7 | registered or certified mail or by personal service by the state board to the candidates, addressed to |
8 | the residence of the candidate as given in the nomination papers, and to any party committee |
9 | interested in the nomination to which objection is made. The state board shall promulgate rules and |
10 | regulations on challenges to nomination papers filed by any candidate, an individual presenting |
11 | written authorization from the candidate, or the chairperson of any party committee that questions |
12 | the validity or authenticity of any signature on the nomination paper of a candidate. |
13 | (b) Additional notice may also be given by the state board if it sees fit to do so. The decision |
14 | of the board shall be rendered within two (2) days for nomination papers for candidates |
15 | participating in a primary election and thirty-five (35) days for nomination papers for candidates |
16 | not participating in a primary election, exclusive of Sundays and holidays, after filing of objections |
17 | and shall immediately be certified by the state board to the secretary of state. |
18 | (c) All objections to nomination papers other than state and federal candidates shall be |
19 | considered by the local board in the same manner and with the same effect as provided in subsection |
20 | (a) of this section for hearing of objections to nomination papers for state and federal candidates |
21 | by the state board. |
22 | SECTION 2. Section 17-15-1 of the General Laws in Chapter 17-15 entitled "Primary |
23 | Elections" is hereby amended to read as follows: |
24 | 17-15-1. Date of primaries. |
25 | A primary election for the nomination of candidates for each political party shall be held |
26 | in each voting district in the manner provided in this chapter on the eighth ninth (9th) Tuesday |
27 | preceding biennial state elections. Provided, however, that if the ninth (9th) Tuesday is the day after |
28 | Labor Day, then the primary election shall be held on the next day, the Wednesday. |
29 | SECTION 3. This act shall take effect on January 1, 2028. |
======== | |
LC003129 | |
======== | |
| LC003129 - Page 6 of 7 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT | |
CANDIDATES | |
*** | |
1 | This act would amend several statutes relating to elections and the dates for primaries and |
2 | dates within which to file nomination papers and object to nomination papers. |
3 | This act would take effect on January 1, 2028. |
======== | |
LC003129 | |
======== | |
| LC003129 - Page 7 of 7 |