2018 -- S 2947 SUBSTITUTE A

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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 - SCHEDULING

     

     Introduced By: Senator Erin Lynch Prata

     Date Introduced: May 31, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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Provisions" is hereby amended to read as follows:

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     17-1-5. Effect of special statutes.

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     The provisions of any chapter or section under this title are subject to the provisions of

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any special statutes or charters respecting any particular town or city, none of which are repealed

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by this title; provided, that insofar as any special statute or charters adapted prior to April 22,

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1935, conflicts with the provisions of chapter 19 of this title, the provisions of chapter 19 shall

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prevail; and provided, further, that insofar as any special statute or charter provision conflicts

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with the provisions of § 17-14-7, 17-14-9, or 17-19-7.1 of this title, the provisions of § 17-14-7,

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17-14-9, or 17-19-7.1 shall prevail. Notwithstanding any charter provision of any city or town to

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the contrary, all local elections and special elections, as these terms are defined under §§ 17-1-

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2(6) and 17-1-2(14), shall be held on the first Tuesday next after the first Monday in any month.

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     SECTION 2. Section 17-3-6 of the General Laws in Chapter 17-3 entitled "General

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Assembly Members" is hereby amended to read as follows:

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

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

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

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

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

 

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

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

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

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

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which a general assembly has been chosen. And, provided further, the election to fill the vacancy

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shall be held on a Tuesday that falls between the seventieth and ninetieth day of the vacancy. If

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the vacancy occurs after the first Monday in February in the second year of the biennial period for

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which a general assembly was chosen, no warrant shall be issued for a special election to fill the

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vacancy. If the vacancy occurs or exists at any other time when the general assembly is not in

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session, the secretary of state shall cause to be issued a warrant for an election to be held to fill

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the vacancy.

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

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

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elected and qualified.

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     SECTION 3. Section 17-4-8 and 17-4-9 of the General Laws in Chapter 17-4 entitled

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"Federal Elective Officers" are hereby amended to read as follows:

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     17-4-8. Special election to fill vacancy in office of representative.

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     Whenever any person elected a representative in congress from either district, at any time

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between the day of his or her election and the beginning of his or her term of office, refuses to

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serve and so declares to the secretary of state, or dies, becomes insane, removes from the state, or

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is otherwise incapacitated, or whenever a vacancy happens in the representation of this state in

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congress as contemplated in the second section of the first article of the Constitution of the United

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States, the governor shall immediately issue his or her writ of election directed to the several city

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and town clerks, or local boards as the case may be, ordering a new election of the representative

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in congress to be held in that district to fill the vacancy, at as early a date, to be stated in the writ,

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as will be in compliance with the provisions of law in relation to these elections, but no election

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provided for by this section shall be held on Saturday on any day other than the first Tuesday next

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after the first Monday of any month; provided, that whenever a vacancy occurs between the first

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day of April and the first day of October in any even numbered year, the governor shall, unless in

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his or her opinion the public good requires an earlier special election, issue his or her writ for a

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special election to fill the vacancy to be held with the general election on the Tuesday next after

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the first Monday in November of that year.

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     17-4-9. Special election to fill senatorial vacancy.

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     Whenever a person elected a senator in congress, at any time between the day of that

 

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person's election and the beginning of his or her term of office, refuses to serve and so declares to

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the secretary of state, or dies, becomes insane, removes from the state, or is otherwise

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incapacitated, or whenever a vacancy happens in the representation of this state in the United

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States senate, the governor shall issue his or her writ of election directed to the several city and

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town clerks, or local boards as the case may be, ordering a new election of senator to fill the

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vacancy to be held in the state at as early a date, to be stated in the writ, as will be in compliance

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with the provisions of law in relation to these elections, but no election provided for by this

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section shall be held exclusively on Saturday on any day other than the first Tuesday next after

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the first Monday of any month; provided, that whenever a vacancy occurs between the first day of

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July and the first day of October in any even numbered year, the governor shall, unless in his or

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her opinion the public good requires an earlier special election, issue his or her writ for a special

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election to fill the vacancy to be held with the general election on the Tuesday next after the first

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Monday in November of that year.

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     SECTION 4. Section 17-5-1.1 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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     17-5-1.1. Special referenda elections.

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     Any proposition of amendment of the Constitution or any other public question submitted

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to the electors of the state at any election not a general election pursuant to § 17-1-2(2) shall be

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held on the first Tuesday next after the first Monday of any month and shall be voted upon at

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town, ward, and district meetings, in accordance with the following procedure:

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     (1) When an act of the general assembly is passed authorizing the submission of a

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question to all of the electors of the state, the secretary of state is authorized to rephrase the

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question to appear on the ballot in a manner that would clearly apprise the voters of the question

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to be voted upon and to cause the ballot to contain a concise caption of the question, and the full

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text of the question as adopted by the general assembly need not appear on the ballot except for

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proposed amendments to the Constitution of the state of Rhode Island. The secretary of state shall

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cause each question appearing on the ballot prepared by him or her to be designated by number,

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the first question to be designated by the numeral I and additional questions shall follow

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numbered so that all questions submitted to all the electors of the state and appearing upon the

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ballot are numbered consecutively; provided that local questions shall be printed on a distinctive

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colored background.

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     (2) Prior to the election at which public questions are to be submitted, the secretary of

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state shall cause to be printed and shall send one copy of the full text of each legislative act to be

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acted upon and applicable to the state at large, or the secretary of state may substitute a

 

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

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together with the following information:

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     (i) The designated number of the question appearing on the ballot;

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     (ii) A brief caption of the question appearing on the ballot; and

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     (iii) A brief explanation of the measure being the subject matter of the question.

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     (3) Voting on a proposition of amendment of the Constitution or of a public question of

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statewide impact shall be by means of optical scan voting equipment and computer ballots

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authorized pursuant to this title.

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     SECTION 5. Section 17-12-14 of the General Laws in Chapter 17-12 entitled "Party

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Committees and Conventions" is hereby amended to read as follows:

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     17-12-14. Election of delegates to national conventions.

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     The local boards of the several cities and towns of the state are authorized and directed to

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furnish for the use of any political party in this state, upon written request of the chairperson of

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the state central committee, acting under a resolution of the committee, voting places in which

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primary meetings may be held to elect delegates to the national convention of the political party.

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The boards shall have the voting places open on the date and during the hours requested by the

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chairperson of the committee, so long as that election of delegates is scheduled on the first

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Tuesday next after the first Monday of any month, and shall furnish to the officers appointed to

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act at the primary meetings any paraphernalia, including check lists, that are generally required

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and used in elective meetings; provided, that the political party first requesting the use of the

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voting places on and for a certain date shall be entitled to the use of them on that date; and if the

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date is one requested by some other political party, the other political party, through the

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chairperson of the committee, may request another date. In cities a voting place and paraphernalia

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for voting shall be furnished and provided for each ward into which the cities may be divided;

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and in each of the towns of Burrillville, Cumberland, and Lincoln, at least two (2) voting places

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and the paraphernalia for voting, and in every other town at least one voting place and the

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paraphernalia for voting, shall be furnished and provided. The local boards shall not be required

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to provide for the compensation for services of the officers appointed to act at the primary

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meetings, nor shall anything contained in this section be held to affect the method of holding

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elections already provided for by law.

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     SECTION 6. Sections 17-15-3 and 17-15-4 of the General Laws in Chapter 17-15

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entitled "Primary Elections" are hereby amended to read as follows:

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     17-15-3. Special election primaries.

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     Party primary elections shall also be held for the purpose of nominating candidates for an

 

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office or offices to be elected at any special election. In the event of a special election, the state

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board shall fix the date or dates on which the various party primary elections shall be held;

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provided, that all the party primary elections shall have been held by the thirtieth (30th) day

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preceding the date fixed for the special election; and provided, further, that the date or dates fixed

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by the state board shall not be a religious holiday or Saturday and shall be held on the first

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Tuesday next after the first Monday of any month.

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     17-15-4. Municipal primaries other than at time of general primaries.

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     In those cities and towns which now by law hold elections for city or town officers on a

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day other than the Tuesday after the first Monday in November biennially in each even year, a

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primary election for the nomination of the city or town officials shall be held and the local board

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shall fix the date of the election; provided, that the primary election shall have been held by the

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thirtieth (30th) day preceding the date fixed for the election; and provided, further, that the date

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fixed by the local board shall not be a religious holiday or Saturday and shall be held on the first

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Tuesday next after the first Monday of any month.

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     SECTION 7. 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 - SCHEDULING

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     This act would establish a uniform election day for all local and special elections.

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     This act would take effect upon passage.

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