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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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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objection is made.

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

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of the board shall be rendered within two (2) three (3) days for nomination papers for candidates

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participating in a primary election, and seven (7) days for nomination papers for candidates not

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participating in a primary election, exclusive of Sundays and holidays, after filing of objections and

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shall immediately be certified by the state board to the secretary of state.

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

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

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

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

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     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

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to nomination papers and would allow the board three (3) days to render a decision on such

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objection for candidates participating in a primary election, and seven (7) days to render a decision

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on such objection for candidates not participating in a primary election.

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     This act would take effect upon passage.

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