2023 -- H 5957

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LC002085

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO ELECTIONS -- NOMINATION OF PARTY AND INDEPENDENT

CANDIDATES

     Introduced By: Representatives McGaw, Messier, Kazarian, Corvese, Kennedy,
Azzinaro, Vella-Wilkinson, Craven, Speakman, and Tanzi

     Date Introduced: March 01, 2023

     Referred To: House State Government & Elections

     (Board of Elections)

It is enacted by the General Assembly as follows:

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

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

     17-14-14. Hearings on objections — Witnesses — Notice.

     (a) All objections to nomination papers which are required to be filed with the secretary of

state shall be considered by the state board. The secretary of state shall, when requested by the state

board, immediately deliver to the board the nomination papers to which objection has been filed.

The state board may, at the hearing on the objections, summon witnesses, administer oaths, and

require the production of books, papers, and documents. The witnesses shall be summoned in the

same manner, be paid the same fees, and be subject to the same penalties for default as witnesses

before the superior court. A summons may be sworn to and an oath may be administered by the

board. In the event that a local board rejects an endorser submitted on nomination papers, the local

board shall state in writing the basis for the rejection of each endorser. Any objection to the local

board's determination regarding an endorser on nomination papers must be supported by a written

basis for the objection to each such determination. The state board shall not consider any challenge

in the absence of a written basis to the local board's rejection of an endorser. When an objection

has been filed, notice of the objection shall be immediately given by registered or certified mail or

by personal service by the state board to the candidates, addressed to the residence of the candidate

as given in the nomination papers, and to any party committee interested in the nomination to which

objection is made.

     (b) Additional notice may also be given by the state board if it sees fit to do so. The decision

of the board shall be rendered within two (2) seven (7) days, exclusive of Sundays and holidays,

after filing of objections and shall immediately be certified by the state board to the secretary of

state.

     (c) All objections to nomination papers for other than state officers shall be considered by

the local board in the same manner and with the same effect as provided in subsection (a) of this

section for hearing of objections to nomination papers for state officers by the state board.

     (d) The board of elections may promulgate regulations for objections to nomination papers.

     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 -- NOMINATION OF PARTY AND INDEPENDENT

CANDIDATES

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     This act would allow the board of elections to establish rules and regulations for objections

to nomination papers and would allow the board seven (7) days to conduct a hearing.

     This act would take effect upon passage.

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LC002085

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