2016 -- S 2385

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LC004204

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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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 -- ELIMINATION OF OFFICE OF LIEUTENANT

GOVERNOR

     Introduced By: Senator John A. Pagliarini

     Date Introduced: February 10, 2016

     Referred To: Senate Special Legislation and Veterans Affairs

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

assembly voting therefor the following amendment to the Constitution of the state be proposed to

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

Constitution for their approval and that this amendment take the place of Article III, Section 5;

Article IV, Sections 1 and 3; and Article IX, Sections 1, 9, 10 and 11, which Articles and Sections

are hereby amended, effective January 1, 2019, to read as follows:

ARTICLE III

OF QUALIFICATION FOR OFFICE

     Section 5. Administration of oaths. -- The oath or affirmation shall be administered to the

governor, lieutenant governor, senators, and representatives by the secretary of state, or, in the

absence of the secretary of state by the attorney-general. The secretary of state, attorney-general,

and general treasurer shall be engaged by the governor, or by a justice of the supreme court.

ARTICLE IV

OF ELECTIONS AND CAMPAIGN FINANCE

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

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

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

after the first Monday in November, quadrennially commencing A.D. 1994 2018, and every four

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

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

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

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

previously served. The senators and representatives in the general assembly shall be elected on

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

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

their election and until their successors are elected and qualified. Recall is authorized in the case

of a general officer who has been indicted or informed against for a felony, convicted of a

misdemeanor, or against whom a finding of probable cause of violation of the code of ethics has

been made by the ethics commission. Recall shall not, however be instituted at any time during

the first six (6) months or the last year of an individual's term of office. Such a recall may be

instituted by filing with the state board of elections an application for issuance of a recall petition

against said general officer which is signed by duly qualified electors equal to three percent (3%)

of the total number of votes cast at the last preceding general election for that office. If, upon

verification, the application is determined to contain signatures of the required number of

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

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

of duly qualified electors constituting fifteen percent (15%) of the total number of votes cast in

the last preceding general election for said office must be filed with the state board of elections.

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

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

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

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

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

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

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

genuine and were signed in his or her presence. If the requisite number of signatures are not

obtained within said ninety (90) days period, the recall effort shall terminate. Upon verification of

the requisite number of signatures, a special election shall be scheduled at which the issue of

removing said office holder and the grounds therefor shall be placed before the electors of the

state. If a majority of those voting support removal of said office holder, the office shall be

immediately declared vacant and shall be filled in accordance with the constitution and laws of

the state. The person so removed shall not be eligible to fill the unexpired portion of the term of

office. The general assembly shall provide by statute for implementation of the recall process.

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     Section 3. Filling vacancy caused by death, removal, refusal to serve, or incapacity of

elected officers -- Election when no candidate receives plurality. -- When the governor-elect shall

die, remove from the state, refuse to serve; become insane, or be otherwise incapacitated, the

lieutenant governor-elect secretary of state-elect shall be qualified as governor at the beginning of

the term for which the governor was elected. When both the governor and lieutenant governor-

elect secretary of state-elect, or either the lieutenant governor, secretary of state, attorney-general,

or general treasurer-elect, are so incapacitated, or when there has been a failure to elect any one

or more of the officers mentioned in this section, the general assembly shall upon its organization

meet in grand committee and elect some person or persons to fill the office or offices, as the case

may be, for which such incapacity exists or as to which such failure to elect occurred. When the

general assembly shall elect any of said officers because of the failure of any person to receive a

plurality of the votes cast, the election in each case shall be made from the persons who received

the same and largest number of votes.

ARTICLE IX

OF THE EXECUTIVE POWER

     Section 1. Power vested in governor. -- The chief executive power of this state shall be

vested in a governor, who, together with a lieutenant governor, shall be elected by the people.

     Section 9. Vacancy in office of governor. -- If the office of the governor shall be vacant

by reason of death, resignation, impeachment or inability to serve, the lieutenant governor

secretary of state shall fill the office of governor, and exercise the powers and authority

appertaining thereto, until a governor is qualified to act, or until the office is filled at the next

election.

     Section 10. Vacancies in both offices of governor and lieutenant governor secretary of

state. -- If the offices of governor and lieutenant governor secretary of state be both vacant by

reason of death, resignation, impeachment, or inability to serve, the speaker of the house of

representatives shall in like manner fill the office of governor during such vacancy.

     Section 11. Compensation of governor and lieutenant governor secretary of state. -- The

compensation of the governor and lieutenant governor secretary of state shall be established by

law, and shall not be diminished during the term for which they are elected.

     RESOLVED, That this amendment take, in the Constitution of the state, the place of

Article III, Section 5; Article IV, Sections 1 and 3; and Article IX, Sections 1, 9, 10 and 11, of the

Constitution; and be it further

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

for their approval or rejection at the next statewide general election to be held in November,

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2016. The voting places in the several cities and towns shall be kept open during the hours

required by law for voting therein for members of the state general assembly; and be it further

     RESOLVED, That the secretary of state shall cause the said proposition of amendment to

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

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

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

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

held as aforesaid; and be it further

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

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

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

ward and district meetings for the next general election of members to the state general assembly

and such other general officers of the state as may be up for election.

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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 -- ELIMINATION OF OFFICE OF LIEUTENANT

GOVERNOR

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     This resolution would propose a constitutional amendment eliminating the office of

lieutenant governor to be submitted to the electors for their approval or rejection at the next

statewide general election to be held in November 2016.

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