2012 -- S 2164

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LC00418

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO ELECTIONS -- INITIATIVE AND REFERENDUM

     Introduced By: Senators Cote, Picard, Bates, Pinga, and E O`Neill

     Date Introduced: January 18, 2012

     Referred To: Senate Special Legislation and Veterans Affairs

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by

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adding thereto the following chapter:

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     CHAPTER 5.1

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INITIATIVE AND REFERENDUM

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     17-5.1-1. Presentation of petition. -- (a) Any natural person or persons who propose to

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begin an initiative and referendum process shall obtain an application petition form and summary

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of the initiative and referendum process from the secretary of state. The person or persons who

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file for said application petition shall be deemed the proponent of the initiative measure.

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     (b) To begin the initiative and referendum process, at least fifty (50) qualified voters must

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sign the application petition obtained from the secretary of state containing the initiative measure

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in its entirety, and the proponent shall submit same to the secretary of state for certification.

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     (c) An initiative measure embracing more than one subject may not be submitted to the

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electors or have any effect. Separate initiatives must be filed for different subjects. A measure

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shall be deemed to embrace more than one subject if its parts are not both reasonably germane to

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each other and functionally related.

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     17-5.1-2. Certification of application petition. -- (a) Within ten (10) days of receipt of

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the application petition, the secretary of state shall certify: (1) Whether or not a sufficient number

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of qualified voters have signed the application petition; (2) Whether the application petition

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complies with the requirements of Article VI, Section 2(b) of the state’s constitution; and (3)

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Whether the application petition complies with section 17-5.1-1 of this chapter.

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     (b) Upon certification, the secretary of state shall, within fifteen (15) business days of

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receiving the proposed initiative, prepare a draft ballot text for the initiative in conformity with

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section 17-5.1-3 and a concise and impartial statement summarizing the measure and its major

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effect.

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     17-5.1-3. Ballot text and summary. -- (a) The ballot text of any statutory initiative shall

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consist of: (1) A caption which reasonably identifies the subject of the measure; and (2) A

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question which plainly phrases the chief purpose of the measure so that an affirmative response

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corresponds to an affirmative vote on the measure. Such ballot text shall be as brief and concise

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as possible totaling no more than one hundred and twenty-five (125) words.

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     (b) The ballot text of an initiative to amend the state’s constitution shall consist of: (1) A

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caption which reasonably identifies the subject of the measure; and (2) The text of the proposed

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constitutional language in its entirety.

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     (c) Immediately upon the preparation of the ballot text and summary of an initiative

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petition, the secretary of state shall transmit forthwith copies of the text of the measure and

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summary to the proponent. If the proponent or a majority of the proponents if there be more than

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one proponent approves the ballot text and summary, the secretary of state shall immediately

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transmit the same to the reading clerk of the house of representatives and of the senate. The

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appropriate committee in the house of representatives and in the senate may hold public hearings

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on the subject of the measure; provided, that nothing in this section shall be construed as

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authority for the general assembly to alter the measure or prevent it from appearing on the ballot.

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     (d) If the proponent or a majority of the proponents if there be more than one proponent

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objects to the ballot text and/or summary prepared by the secretary of state, the proponent shall so

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notify the secretary of state within five (5) business days of receipt. The secretary of state shall

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thereupon attempt to accommodate the concerns of the proponent or a majority of the proponents

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if there be more than one proponent, and the proponent or a majority of the proponents if there be

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more than one proponent shall determine whether the ballot text and summary shall be

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transmitted to the general assembly.

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     (e) The secretary of state shall, within ten (10) business days of the proponent’s receipt

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and approval of the draft ballot text and summary statement, assign a petition reference number

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and shall prepare and make available to the proponent the circulation petition for voter signatures

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pursuant to section 17-5.1-4. The secretary of state shall place at the top of each petition in

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addition to the ballot text the following notice in bold type: “The purpose and intent of this

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initiative shall be maintained. However, this proponent may later amend the initiative measure

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set forth in this petition before it appears on the ballot if the amendments are consistent with this

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initiative’s purpose and intent.” Petitioners may, at their own expense, have petition papers

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duplicated.

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     17-5.1-4. Petition papers and signatures. -- (a) The name and address of each signatory

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must be printed legibly preceding the signature on each line of the circulation petition. Any

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individual who signs a circulation petition with any name other than his/her own shall be guilty of

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a felony and may be punished by imprisonment for a term up to two (2) years and/or may be

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fined up to two thousand dollars ($2,000). Any individual who knowingly signs a circulation

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petition more than once shall be guilty of a misdemeanor and may be punished by imprisonment

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for a term of up to one year, and/or may be fined not more than five hundred dollars ($500).

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     (b) Each circulation petition shall be limited to signatures from one municipality.

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     (c) Circulation petitions shall be circulated only by persons who are at least eighteen (18)

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years of age at the time the petition is circulated. All circulators who are not to be paid for

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circulating petitions concerning ballot issues shall display an identification badge issued by the

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petitioners, meeting design standards set by the secretary of state that includes the words

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“VOLUNTEER CIRCULATOR” in bold-faced type which shall be clearly legible. All

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circulators who are to be paid for circulating petitions concerning ballot issues shall display an

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identification badge issued by the petitioners, meeting design standards set by the secretary of

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state that includes the words “PAID CIRCULATOR” in bold-faced type which shall be clearly

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legible, and the name and telephone number of the individual and/or firm employing or making

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payments to the circulator. Provided, however, that any compensation to a paid circulator based

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on a per signature basis shall be prohibited. Each solicitor circulator shall carry and offer for

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review by each prospective initiative petition signer the complete text of the initiative and a copy

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of all such campaign finance reports relating to the initiative as may be required by law. Any

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individual who violates these stipulations shall be guilty of a misdemeanor and may be punished

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as provided for in subsection (a) herein.

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     17-5.1-5. Campaign finance laws applicable. -- (a) Rhode Island campaign finance

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laws pertaining to contributions, expenditures and reporting requirements shall apply to any

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campaign in support of or in opposition to any initiative. In addition to any other reporting

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requirements required by law, reports of contributions and expenditures shall be required of the

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proponents of any initiative, commencing with the first Monday after the original circulation

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petition papers have been provided to the proponents, and at fourteen (14) day intervals

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thereafter, until certification by the secretary of state that the requisite number of signatures have

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been obtained to place the measure on the general election ballot.

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     (b) Exclusive of payment made to or received by paid circulators, any individual or group

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who gives or receives payment or anything of value for a signature shall be guilty of a

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misdemeanor.

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     17-5.1-6. Certification of circulation petition. -- Within four hundred twenty-five (425)

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days from the date the secretary of state has assigned a petition reference number and issued the

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first initiative petition forms, the secretary of state shall certify whether or not a sufficient number

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of qualified voters have signed the circulation petition and, if so, that the initiative has qualified

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for the ballot.

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     17-5.1-7. Presentation to general assembly. -- (a) Any circulation petition certified on

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or before March 1 in any calendar year shall be delivered immediately by the secretary of state to

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the reading clerk of the house of representatives and of the senate.

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     (b) Any circulation petition certified after March 1 in any calendar year shall be retained

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by the secretary of state until the second legislative day of the next following January session of

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the general assembly, at which time the said petition shall be delivered by the secretary of state to

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the reading clerk of the house of representatives and of the senate.

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     (c) Immediately upon receipt of an initiative petition, the presiding officer in the house of

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representatives and the senate, respectively, shall refer the petition to a standing committee of the

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body, which committee shall conduct a public hearing on the merits of the petition and, by a

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recorded vote of its members, recommend to approve or disapprove the initiative, within fifty

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(50) days of its referral.

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     (d) Within sixty (60) days of delivery of the initiative petition to the general assembly by

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the secretary of state, the proponent or a majority of the proponents if there be more than one

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proponent may amend the initiative, provided that the amendments further the purposes and intent

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of the initiative, by submitting such amendments in writing to the secretary of state for review.

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     (e) The secretary of state shall determine, within ten (10) business days of receipt of the

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amended petition, whether such amendments further the purposes and intent of the initiative and

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notify the proponent and the general assembly in writing.

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     (f) The proponent or a majority of the proponents if there be more than one proponent

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shall have ten (10) business days to cure any deficiencies and to deliver the amended initiative to

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the appropriate committee in the house of representatives and the senate.

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     (g) No later than one hundred (100) days after the secretary of state has delivered the

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certified initiative to the general assembly, each of the legislative committees to which the

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initiative has been referred shall, by a recorded vote of its members, recommend to approve or

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disapprove the amended initiative.

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     (h) No later than one hundred and twenty (120) days after the secretary of state has

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delivered the certified initiative to the general assembly, the house of representatives and the

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senate shall take a recorded vote of its members on the provisions of the initiative.

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     (i) If, within the one hundred and twenty (120) day period following delivery by the

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secretary of state of a statutory initiative that has qualified for the ballot, a majority of the

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members in each house approves the initiative, or approves an amended version of the initiative

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which is endorsed by the proponent or a majority of the proponents if there be more than one

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proponent, the measure shall be presented to the governor and, if the governor signs it into law or

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allows it to become law without his or her signature, thereupon it shall become operative.

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     (j) If a statutory initiative is not so approved by the general assembly and the governor,

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the secretary of state shall then submit the measure at the next general election following the

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expiration of the one hundred and twenty (120) day period following delivery of the certified

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initiative by the secretary of state to the general assembly. Each legislator’s name, party

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affiliation, electoral district, residence, and vote cast on the initiative, as well as the vote of each

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house by total membership and by party affiliation, shall appear in the voter information

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handbook in addition to the complete text of the measure.

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     (k) Upon the expiration of the one hundred and twenty (120) day period following

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delivery by the secretary of state to the general assembly of an initiative to amend the

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constitution, the secretary of state shall then submit the measure, or an amended version of the

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measure which is endorsed by the proponent, or by a majority of the proponents if there be more

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than one proponent, at the next general election.

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     17-5.1-8. Expenditure of public money. -- (a) If the enacted initiative petition would

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involve expenditure of public money by the state, reduction of state revenues or raising of funds

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by the state by imposing any tax or incurring any indebtedness, the secretary of state, the general

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treasurer and the director of administration, in consultation with the senate and house fiscal

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advisors, shall estimate the amount of direct expenditure, direct reductions in expenditure, direct

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reduction in state revenues, direct tax revenue or indebtedness and interest which will be required

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to meet the provisions of the initiative. The estimate shall state the recurring annual amount

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involved or, if the initiative does not involve a recurring annual amount, the total amount.

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     (b) The officials named shall also estimate the aggregate amount of direct expenditure,

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direct reduction of expenditure, direct reduction on revenues, direct tax revenue or indebtedness

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and interest which will be required by all cities and towns to meet the provisions of the initiative.

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     (c) The estimates shall be printed in the voter information handbook and on the ballot

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unless the measure involves only state agency expenses not exceeding two hundred thousand

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dollars ($200,000) per year.

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     The estimates shall be expressed both in absolute dollar terms and as a percentage of the

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total current state budget. If practicable in the judgment of the general treasurer, the estimates

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shall be projected to reflect costs in future fiscal years.

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     (d) If the officials named determine that the measure, if it is enacted, will have no

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financial effect except as described in the previous paragraph, the words “no financial effect”

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shall be printed in the voter information handbook and on the ballot.

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     (e) Final authority and responsibility for providing the financial estimates provided

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within this section shall rest with the general treasurer.

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     (f) The voter information handbook distributed in connection with any ballot that

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contains more than one initiative proposal involving the expenditure of public money by the state,

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the reduction of state revenues, or the raising of funds by the state imposing any tax or incurring

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any indebtedness shall include an estimate of the combined cost impact which would occur if all

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such initiative proposals were to be approved.

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      17-5.1-9. Severability. -- If any provision of this chapter or the application thereof to

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any person or circumstance is held invalid, such invalidity shall not affect other provisions or

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applications of the chapter, which can be given effect without the invalid provision or application,

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and to this end the provisions of this chapter are declared to be severable.

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     SECTION 2. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby

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amended by adding thereto the following section:

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     9-1-53. Actions involving voter initiative petitioners and procedures. -- (a) The

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superior court shall have original jurisdiction over actions arising under chapter 17-5.1 of the

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general laws.

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     (b) The running of any time period established by any section of chapter 17-5.1 shall be

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tolled during the pendency of such action.

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     SECTION 3. Severability. If any provision of this act or the application thereof to any

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person or circumstances shall be held invalid, such invalidity shall not affect other provisions or

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applications of the act, which can be given effect without the invalid provision or application, and

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to this end the provisions of the act are declared to be severable.

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     SECTION 4. This act shall take effect upon ratification of a constitutional amendment

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entitled “JOINT RESOLUTION TO APPROVE AND PUBLISH, AND SUBMIT TO THE

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ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE

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STATE (INITIATIVE AND REFERENDUM).”

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LC00418

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS -- INITIATIVE AND REFERENDUM

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     This act would provide a detailed process by which a proponent of a voter initiative and

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referendum proposal would present the proposal to the secretary of state, the general assembly

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and the governor.

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      This act would take effect upon ratification of a constitutional amendment entitled

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“JOINT RESOLUTION TO APPROVE AND PUBLISH, AND SUBMIT TO THE ELECTORS

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A PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE

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(INITIATIVE AND REFERENDUM).”

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LC00418

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