2023 -- H 5126

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LC000170

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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J O I N T   R E S O L U T I O N

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

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

TERM LIMITS FOR REPRESENTATIVES AND SENATORS

     Introduced By: Representatives J. Lombardi, Hull, Vella-Wilkinson, and J. Brien

     Date Introduced: January 12, 2023

     Referred To: House State Government & Elections

     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 it take the place of Article IV, section 1, which is hereby

amended to read as follows:

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, 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, until the elections held in 2026.

     Quadrennially in even numbered years commencing in 2026, the representatives and

senators in the general assembly shall be elected on the Tuesday after the first Monday in

November, and shall severally hold their offices for four (4) years from the first Tuesday of

January next succeeding their election and until their successors are elected and qualified, and

shall serve consecutively for not more than three (3) full four (4) year terms.

     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.

     RESOLVED, That the said proposition of amendment 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

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

general officers of the state; 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 the said electors; and 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, city, ward, or district meetings to

be held as aforesaid; and be it further

     RESOLVED, That the town, city, 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,

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

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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, PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

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

TERM LIMITS FOR REPRESENTATIVES AND SENATORS

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     This joint resolution proposes an amendment to the State Constitution, Article IV,

Section 1, that would allow four (4) year terms for general assembly members and impose term

limits of three (3) full four (4) year terms on said members commencing with the 2026 election. It

would also restate the term limits on general office holders of two (2) full four (4) year terms.

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