2023 -- H 5721

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LC001076

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT

CANDIDATES

     Introduced By: Representatives Alzate, Kazarian, Cruz, Potter, Casimiro, Ajello, Giraldo,
and Voas

     Date Introduced: February 17, 2023

     Referred To: House State Government & Elections

     (Secretary of State)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 17-14-1 of the General Laws in Chapter 17-14 entitled "Nomination

of Party and Independent Candidates" is hereby amended to read as follows:

     17-14-1. Declarations of candidacy.

     During the last second consecutive Monday, Tuesday, and Wednesday in June in the even

years and during the thirty-ninth (39th) and fortieth (40th) days preceding a primary election for a

special election, or for an election regularly scheduled for a time other than the biennial general

statewide election, each voter desiring to be a candidate at the upcoming primary or an independent

candidate on final nomination papers shall, on a form that shall be provided by the secretary of

state, file a declaration of his or her candidacy not later than four (4:00) p.m. of the last day for the

filing with the secretary of state for congressional and statewide general offices, or with the local

board of the place of the candidate’s voting residence for general assembly, or state committee or

senatorial and representative district committee or with the appropriate local board for local

officers. The declaration shall be signed by the candidate as his or her name appears on the voting

list. The signature shall be accepted as valid if it can be reasonably identified to be the name and

signature of the voter it purports to be. A variation of the voter’s signature by the insertion or

omission of identifying titles or by the substitution of initials for the first or middle names of both

shall not in itself be grounds for invalidation of the signature. The declaration shall also include the

following information:

     (1) The candidate’s name as it appears on the voting list, subject to the same provisions as

relate to the voter’s signature on the declaration;

     (2) The address as it appears on the voting list, provided that an address which is

substantially the same as the address on the voting list shall be valid;

     (3) The party declaration if seeking to run in a party primary;

     (4) The office sought;

     (5) The place and date of birth;

     (6) The length of residence in the state and in the town or city where he or she resides;

     (7) A certification that he or she is neither serving a sentence, including probation or parole,

for which he or she was imprisoned upon final conviction of a felony imposed on any date nor

serving any sentence, whether incarcerated or suspended, on probation or parole, upon final

conviction of a felony committed after November 5, 1986;

     (8) A certification that he or she has not been lawfully adjudicated to be non compos

mentis, of unsound mind;

     (9) In the case of candidates for party nomination, a certification that he or she has not been

a member of a political party other than the declared party within ninety (90) days of the filing date;

and

     (10) If a person is a candidate for a state or local office, a certification that the person has

not within the preceding three (3) years served any sentence, incarcerated or suspended, on

probation or parole, for a crime committed after November 5, 1986, upon a plea of nolo contendere

or guilty or upon a conviction of a felony or for a misdemeanor for which a sentence of

imprisonment for six (6) months or more, whether suspended or to be served as imposed.

     SECTION 2. Section 17-15-1 of the General Laws in Chapter 17-15 entitled "Primary

Elections" is hereby amended to read as follows:

     17-15-1. Date of primaries.

     A primary election for the nomination of candidates for each political party shall be held

in each voting district in the manner provided in this chapter on the eighth Tuesday last Tuesday in

August preceding biennial state elections.

     SECTION 3. 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 -- NOMINATION OF PARTY AND INDEPENDENT

CANDIDATES

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     This act would amend the period for declarations of candidacy from the last consecutive

Monday, Tuesday and Wednesday of June to the second consecutive Monday, Tuesday, and

Wednesday in June and would change the date of primary elections from the eighth Tuesday

preceding biennial state elections to the last Tuesday in August preceding biennial elections.

     This act would take effect upon passage.

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