2012 -- S 2302

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LC00955

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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J O I N T R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION OF THE STATE - FOUR YEAR TERMS FOR

SENATORS AND TERM LIMITS FOR LEGISLATORS

     Introduced By: Senators Hodgson, Maher, Cote, Ottiano, and Algiere

     Date Introduced: February 01, 2012

     Referred To: Senate Special Legislation and Veterans Affairs

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     RESOLVED, That a majority of all members elected to each house of the general

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assembly voting therefore, the following amendment to the Constitution of the state be proposed

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to the qualified electors of the state in accordance with the provisions of Article XIV of the

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Constitution for their approval and that it take the place of Article IV, section 1, which is hereby

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amended to read as follows:

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     ARTICLE IV

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     OF ELECTIONS AND CAMPAIGN FINANCE

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     SECTION 1. Election and terms of governor, lieutenant governor, secretary of state,

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attorney general, general treasurer, and general assembly members. – The governor, lieutenant

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governor, secretary of state, attorney general and general treasurer shall be elected on the Tuesday

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after the first Monday in November, quadrennially commencing A.D. 1994, and every four (4)

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years thereafter, and shall severally hold their offices, subject to recall as provided for herein, for

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four (4) years from the first Tuesday of January next succeeding their election and until their

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successors are elected and qualified. No person shall serve consecutively in the same general

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office for more than two (2) full terms, excluding any partial term of less than two (2) years

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previously served.

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     The senators and representatives in the general assembly shall be elected on the Tuesday

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after the first Monday in November, biennially in even numbered years, and shall severally hold

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their offices for two (2) years from the first Tuesday of January next succeeding their election and

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until their successors are elected and qualified., and shall serve consecutively for not more than

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four (4) full terms. The senators in the general assembly shall be elected on the Tuesday after the

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first Monday in November, quadrennially in even numbered years commencing in 2014, and shall

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severally hold their offices for four (4) years from the first Tuesday of January next succeeding

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their election and shall serve consecutively for not more than two (2) full terms.

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     Recall is authorized in the case of a general officer who has been indicted or informed

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against for a felony, convicted of a misdemeanor, or against whom a finding of probable cause of

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violation of the code of ethics has been made by the ethics commission. Recall shall not,

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however, be instituted at any time during the first six (6) months or the last year of an individual’s

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term of office.

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     Such recall may be instituted by filing with the state board of elections an application for

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issuance of a recall petition against said general officer which is signed by duly qualified electors

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equal to three percent (3%) of the total number of votes cast at the last preceding general election

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for that office. If, upon verification, the application is determined to contain signatures of the

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required number of electors, the state board of elections shall issue a recall petition for circulation

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amongst the electors of the state. Within ninety (90) days of issuance, recall petitions containing

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the signatures of duly qualified electors constituting fifteen percent (15%) of the total number of

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votes cast in the last preceding general election for said office must be filed with the state board

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of elections.

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     The signatures to the application and to the recall petition need not all be on one (1) sheet

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of paper, but each such application and petition must contain an identical statement naming the

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person to be recalled, the general office held by said person, and the grounds for such recall set

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forth in a statement of one hundred (100) words or less approved by the board of elections. Each

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signatory must set forth his or her signature as it appears on the voting list, the date of signing,

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and his or her place of residence. The person witnessing the signatures of each elector on said

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petition must sign a statement under oath on said sheet attesting that the signatures thereon are

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genuine and were signed in his or her presence.

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     If the requisite number of signatures are not obtained within said ninety (90) days period,

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the recall effort shall terminate. Upon verification of the requisite number of signatures, a special

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election shall be secluded at which the issue of removing said office holder and the grounds

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therefor shall be placed before the electors of the state. If a majority of those voting support

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removal of said office holder, the office shall be immediately declared vacant and shall be filled

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in accordance with the constitution and laws of the state. The person so removed shall not be

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eligible to fill the unexpired portion of the term of office. The general assembly shall provide by

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statute for implementation of the recall process.

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     RESOLVED, That the said proposition of amendments shall be submitted to the electors

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for their approval or rejection at the next statewide general election. The voting places in the

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several cities and towns shall be kept open during the hours required by law for voting therein for

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general officers of the state; and be it further;

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     RESOLVED, That the secretary of state shall cause the said proposition of amendments

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to be published as a part of this resolution in the newspapers of the state prior to the date of the

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said meetings of the said electors; and said proposition shall be inserted in the warrants or notices

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to be issued previous to said meetings of the electors for the purpose of warning the town, ward,

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or district meetings, and said proposition shall be read by the town, city, ward or district meetings

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to be held as aforesaid; and be it further

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     RESOLVED, That the town, city, ward and district meetings to be held aforesaid shall be

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warned, and the list of voters shall be canvassed and made up, and the said town, ward, and

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district meetings shall be conducted in the same manner as now provided by law for the town,

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ward, and district meetings for the election of general officers of the state.

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LC00955

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

J O I N T R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION OF THE STATE - FOUR YEAR TERMS FOR

SENATORS AND TERM LIMITS FOR LEGISLATORS

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     This proposed constitutional amendment would change a senator’s term to four (4) years,

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and would limit representatives to four (4) consecutive two (2) year terms and senators to two (2)

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consecutive four (4) year terms.

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LC00955

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