2018 -- H 7993

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LC005280

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO ELECTIONS - VACANCY IN GENERAL ASSEMBLY

     Introduced By: Representatives Fellela, Costantino, and Ucci

     Date Introduced: March 23, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-3-6 of the General Laws in Chapter 17-3 entitled "General

Assembly Members" is hereby amended to read as follows:

     17-3-6. Vacancy in general assembly -- Special elections.

     (a) Whenever from any cause a vacancy occurs in the representation of any senatorial or

representative district in the general assembly while the general assembly is in session, the

secretary of state shall cause the local board of the city or town to issue a warrant ordering an

election to fill the vacancy, to be held in that district at least seventy (70) but not more than ninety

(90) days from the occurrence of the vacancy; provided, that if the general assembly has nearly

completed its January session so that it is doubtful whether the person to be chosen can serve as a

member at that session, the election shall not be ordered within that time limit, but may be held at

any later date within that calendar year, if that year is the first year of the biennial period for

which a general assembly has been chosen. If the vacancy occurs after the first Monday in

February in the second year of the biennial period for which a general assembly was chosen, no

warrant shall be issued for a special election to fill the vacancy. If the vacancy occurs or exists at

any other time when the general assembly is not in session, the secretary of state shall cause to be

issued a warrant for an election to be held to fill the vacancy.

     (b) Every person appointed or elected pursuant to the provisions of this section shall hold

his or her office for the remainder of the term that person is appointed or elected to fill, and until

his or her successor is elected and qualified.

     (c) When a vacancy occurs in a senatorial or representative district, the chief executive of

the city or town with the largest percentage of population in the district shall appoint a new

representative or senator to fill the vacancy for the remainder of the term.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS - VACANCY IN GENERAL ASSEMBLY

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     This act would enable a chief executive of a town or city with the largest percentage of

population in the district to appoint a representative or senator to a vacant seat for the remainder

of the term.

     This act would take effect upon passage.

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