CHAPTER 80

95-H 6584A

Approved Jun. 20, 1995.

AN ACT RELATING TO ELECTIONS

It is enacted by the General Assembly as follows:

SECTION 1. Sections 17-12.1-1, 17-12.1-3, 17-12.1-4, 17-12.1-7, 17-12.1-8 and 17-12.1-12 of the General Laws in Chapter 17-12.1 entitled "Primaries For Election of Delegates to National Convention and For Presidential Preference" are hereby amended to read as follows:

{ADD 17-12.1-1. Date of primaries for election of delegates to national conventions. -- ADD} A primary election for the election of delegates to the national convention for each political party shall be held in the manner hereinafter provided, on the {DEL second DEL} {ADD first ADD} Tuesday in March {DEL 1984 DEL} {ADD 1996 ADD} , and every fourth year thereafter.

{ADD 17-12.1-3. Declaration of candidacy. -- ADD} During the period between January {DEL 9 DEL} {ADD 2 ADD} and January {DEL 19 DEL} {ADD 12 ADD} both dates inclusive (Saturdays, Sundays, and holidays excluded), preceding a primary for election of delegates to a national convention, each voter desiring to be a delegate at the forthcoming convention shall, on such form as shall be provided by the secretary of state, sign his or her name as it appears on the voting list and file not later than four (4:00) p.m. of the date of filing with the secretary of state a declaration of candidacy which shall include the following information:

(1) His or her name and address as they appear on the voting list, party designation, place and date of birth, and length of residence in the state and in the town or city where he or she resides.

(2) A statement that if elected he or she would comply with all party rules of the national committee of the party designated in subdivision (1) of this section relating to delegates to national conventions and conducting of national conventions.

{ADD 17-12.1-4. Presidential candidates. -- ADD} (a) Any person seeking the endorsment of a national political party for which a primary is being held shall, between {DEL December 1 and December 15 DEL} {ADD November 15 and November 30 ADD} by four o'clock (4:00) p.m. (Saturdays, Sundays and holidays excluded), {ADD in the year prior to the year in which the presidential preference primary is being held ADD} provide written notification to the secretary of state of his or her intention to run in the presidential preference primary. Said notification shall include the candidates name and address and a statement affirming their eligibility, under the laws and constitution of the United States, to serve in the office of President of the United States if elected.

(b) Upon receipt of the notification, referred to in paragraph (a) of this section, the secretary of state shall within {DEL ten (10) days DEL} {ADD three (3) days ADD} (Saturdays, Sundays and holidays excluded) prepare petition papers, for candidates who are eligible to serve in the office of President of the United States, clearly marked with the candidate's name, party designation and the office the candidate seeks.

The petition papers of a candidate for president shall be signed, in the aggregate, by at least one thousand (1,000) eligible voters and shall be submitted on or before four o'clock (4:00) p.m. in the afternoon of the {DEL forty-sixth (46th) DEL} {ADD seventy-fourth (74th) ADD} day before the presidential preference primary to the local board of the city or town where the signers appear to be voters, and the petition papers shall be checked, processed, and certified to the secretary of state by the local boards before four o'clock (4:00) p.m. in the afternoon of the {DEL fortieth (40th) DEL} {ADD sixty-eighth (68th) ADD} day before the presidential preference primary.

(c) If any candidate whose name has been announced as a presidential nominee does not thereafter wish his or her name to appear on the ballot, the candidate shall at least thirty (30) days prior to the date for the primary file an affidavit with the secretary of state stating his or her name may not be placed on the ballot and the secretary of state shall not place the candidate's name on the ballot. Names of delegates committed to the withdrawn candidate, who are otherwise qualified, shall appear on the ballot as uncommitted.

{ADD 17-12.1-7. Checking and certification of nomination papers. -- ADD} Each nomination paper {ADD of a candidate for delegate ADD} shall be submitted on or before four o'clock (4:00) p.m. in the afternoon of the thirty-fifth day before the presidential preference primary to the local board of the city or town where the signers appear to be voters, and the nomination papers shall be checked, processed, and certified to the secretary of state by the local boards before four o'clock (4:00) p.m. in the afternoon of the thirtieth day before the presidential preference primary. In addition, each candidate for delegate to a national convention may, on or before four o'clock (4:00) p.m. in the afternoon of the thirtieth day before the presidential primary, submit to the secretary of state documentation from a candidate as set forth in section 17-12.1-4 of this chapter that he or she has the approval of the candidate for presidential nominee or approval from the steering/screening committee to name the candidates' delegates to be identified with him or her.

{ADD 17-12.1-8. Presidential preference primary. -- ADD} (a) On the same date and at the same time as the election of delegates to national conventions, as provided in section 17-12.1-1, there shall be held a presidential preference primary for each political party at which each party voter shall have the opportunity to vote his or her preference for his or her choice for one person to be the candidate of his or her party for president of the United States.

(b) The secretary of state shall place on the ballot labels the names of all persons {ADD qualified as candidates ADD} {DEL known to the secretary to be bona fide national candidates DEL} for presidential nominee {ADD as provided in 17-12.1-4 ADD} {DEL who have been duly notified DEL} and who have not filed with the secretary of state the affidavit as provided in section 17-12.1-4, and shall list under the name of each candidate for presidential nominee arranged by lot, the names of all candidates for delegates to a national convention who submitted the approval of the candidate for presidential nominee, as set forth in section 17-12.1-7. All other candidates for delegates to a national convention shall be listed on the ballot, arranged by lot, as uncommitted.

{ADD 17-12.1-12. Definitions. -- ADD} For the purposes of this chapter the following terms shall have the meaning indicated as follows:

(A) "Political party" shall be defined as provided in section 17-1-2(f).

(B) "Uncommitted" shall mean a candidate for delegate not approved by, obligated, or committed to any particular presidential contender.

{DEL (C) "Bona fide national candidate" shall mean a person who is generally recognized nationally as a presidential contender within his respective party. DEL}

SECTION 2. This act shall take effect upon passage.



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