2012 -- S 2231

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LC00773

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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 -- STATEWIDE REFERENDA ELECTIONS

     Introduced By: Senators E O`Neill, Ruggerio, Sheehan, Bates, and Algiere

     Date Introduced: January 24, 2012

     Referred To: Senate Special Legislation and Veterans Affairs

It is enacted by the General Assembly as follows:

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      SECTION 1. Section 17-5-3 of the General Laws in Chapter 17-5 entitled "Statewide

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Referenda Elections" is hereby amended to read as follows:

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     17-5-3. Publication of questions to be submitted to voters. -- (a) Prior to each general

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election at which public questions are to be submitted, the secretary of state shall cause to be

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printed and shall send one copy of the full text of each legislative act to be acted upon and

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applicable to the state at large, or the secretary of state may substitute a description of the text of

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each act in lieu of the full text, to each residential unit in Rhode Island together with the

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following information:

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      (1) The designated number of the question;

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      (2) A brief caption of the question;

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      (3) A brief explanation of the measure being the subject matter of the question; and

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      (4) Statements in support of and opposition to measures prepared in accordance with the

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requirements of section 17-5-3.1; and

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     (5) A notice that voter fraud is a felony and the penalty for voter fraud. This notice shall

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be in conspicuous lettering and shall contain the following language: "You must be registered to

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vote from your actual place of residence."

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     (b) If the public question involves the issuance of bonds or other evidence of

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indebtedness or any other long term financial obligation such as a lease, the notice required by

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subsection (a) shall also include at least the following information to be provided by the agency

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or department for which the bonds or other evidence of indebtedness or any other long term

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financial obligation is intended:

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      (1) The estimated total cost of the project or program, including financing (using a

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reasonable assumed rate of interest), legal, and other costs;

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      (2) The estimated useful life of the project, and the term of the bonds, other

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indebtedness, or other obligation; and

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      (3) A reasonably detailed description of the project or program and the purposes of it,

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and a project timetable.

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     SECTION 2. Chapter 17-5 of the General Laws entitled "Statewide Referenda Elections"

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are hereby amended by adding thereto the following sections:

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     17-5-3.1. Statements in support of and opposition to measures submitted to the

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electorate. -- (a) Whenever the general assembly submits any measure to the voters of the state,

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the prime sponsor in each house and no more than one other person appointed by each prime

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sponsor may draft a statement in support of the adoption of the measure. If there is only one

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prime sponsor, then the sponsor and no more than three (3) other persons appointed by the prime

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sponsor may draft the statement. If the measure is contained in a budget article, then the

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chairperson of the house finance committee, and no more than three (3) other persons appointed

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by the chairperson may draft the statement in support of the measure. As an alternative, the

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prime sponsor(s) of the measure or the house finance chairperson may appoint four (4) persons to

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draft the statement. The supporting statement shall not exceed four hundred (400) words in

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length. The names of the drafters shall appear at the bottom of the statement.

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     (b) One member of each house who voted against the measure shall be appointed by the

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presiding officers of the respective houses, at the same time as appointments to draft a supporting

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statement, to write a statement in opposition to the measure. In no case shall more than four (4)

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persons draft the opposing statement. These drafters may appoint substitute drafters. The

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opposing statement shall not exceed four hundred (400) words. If those drafting a statement

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against the measure so choose, each may write a separate opposing statement, but the combined

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length of the two (2) statements shall not exceed four hundred (400) words. The names of the

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drafters shall appear at the bottom of the statement.

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     (c) In the event that no member of the house votes against a measure to be submitted to

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the electorate for its approval, the presiding office of each chamber shall appoint a member to

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draft a statement in opposition to be submitted to the secretary of state in accordance with this

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chapter.

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     (d) Statements prepared by legislators and their appointees shall be submitted to the

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secretary of state not later than a date to be designated by the secretary of state.

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     (e) Rejection of improper statements. The secretary of state shall reject a statement or

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other matter not allowed to be sent through the mail. Such statements shall not be filed or printed

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in the voter information handbook.

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     (f) A ballot statement shall not be accepted under this chapter unless accompanied by the

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printed name and signature or printed names and signatures of the person or persons submitting it,

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or, if submitted on behalf of an organization, the name of the organization and the printed name

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and signature of at least one of its principal officers.

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     (g) Notwithstanding any other provisions of this chapter, whenever any ballot statements

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for or against any measure submitted to the voters for approval are authorized, these statements

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may be withdrawn in writing by their proponents prior to the final day fixed for filing statements.

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     (h) The secretary shall promulgate such rules and regulations as the secretary deems

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necessary concerning these submissions and printing of said statements.

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     (i) The following disclaimer shall be printed at the bottom of each page of a printed

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statement. “The secretary of state is not responsible for the contents, objectivity or accuracy of

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statements written by the proponents and opponents of this measure.”

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     17-5-3.2. Severability. -- If any provision of this chapter or the application thereof to any

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

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applications of this chapter, which may be given effect without the invalid provisions or

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

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     SECTION 3. This act shall take effect upon passage.

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LC00773

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS -- STATEWIDE REFERENDA ELECTIONS

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     This act would require that written statements, both pro and con, for statewide referenda

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ballot measures be submitted to eligible voters.

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     This act would take effect upon passage.

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LC00773

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