2023 -- S 0322

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LC000991

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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 -- PRIMARIES FOR ELECTION OF DELEGATES TO

NATIONAL CONVENTIONS AND FOR PRESIDENTIAL PREFERENCE

     

     Introduced By: Senators Lawson, Miller, Murray, DiMario, Mack, F. Lombardi, Cano,
Ujifusa, Lauria, and Acosta

     Date Introduced: February 16, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 17-12.1-2 of the General Laws in Chapter 17-12.1 entitled "Primaries

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for Election of Delegates to National Conventions and for Presidential Preference" is hereby

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amended to read as follows:

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     17-12.1-2. Number of delegates to be elected — Method of election.

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     (a) At each primary there shall be elected for each congressional district of this state the

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number of delegates and alternates that shall be determined by the national committee of the party

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and certified to the secretary of state not later than the first Tuesday in January preceding the

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primary by the state committee of the party. The method of election of candidates for delegate shall

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be in accordance with party rules certified to the secretary of state by the chairperson of the state

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committee on or before the first Tuesday in January of each year a primary is to be held pursuant

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to this chapter.

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     (b) The presidential preference primary shall be conducted using ranked choice voting as

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set forth in this chapter. The notice provided by the chairperson of a state committee under

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subsection (a) of this section shall indicate whether the party prefers the presidential preference

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primary tabulation to occur on a winner-take-all basis in accordance with § 17-12.1-17(b) or on a

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proportional basis in accordance with § 17-12.1-17(c). The notice shall further indicate how

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delegates are to be allocated and on what geographical basis delegates are to be allocated, whether

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statewide, by congressional district, by other geographic unit, or a combination thereof. If the party

 

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requests tabulation occur on a proportional basis, the chairperson shall indicate what the applicable

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threshold for receiving delegates in the presidential preference primary will be. If a party fails to

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specify how to tabulate ballots, the presidential preference primary election for that party shall be

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tabulated on a statewide winner-take-all basis in accordance with § 17-12.1-17(b).

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     (c) Nothing in this chapter shall be construed to preclude a political party from allocating

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delegates according to its own rules for allocating such delegates.

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     SECTION 2. Section 17-12.1-4 of the General Laws in Chapter 17-12.1 entitled "Primaries

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for Election of Delegates to National Conventions and for Presidential Preference" is hereby

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amended to read as follows:

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     17-12.1-4. Presidential candidates.

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     (a) Any person seeking the endorsement of a national political party for which a primary

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is being held shall, during the ninety-fourth (94th) through and including the ninety-sixth (96th)

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day preceding the presidential preference primary being held, provide written notification to the

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secretary of state of his or her intention to run in the presidential preference primary. When the

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deadline falls on a Saturday, said written notification may be filed with the secretary of state on

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that Saturday until noon (12:00) p.m. The notification shall include the candidate’s name and

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address and a statement affirming their eligibility, under the laws and Constitution of the United

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States, to serve, if elected, in the office of President of the United States. The notification shall also

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include the name and contact information of the designee authorized by the presidential candidate

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to act in his/her stead in Rhode Island.

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     (b)(1) Upon receipt of the notification referred to in subsection (a) of this section, the

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secretary of state shall, by six o’clock (6:00) p.m. on the same day, prepare petition papers for

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candidates who are eligible to serve in the office of President of the United States, clearly marked

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with the candidate’s name, party designation, and the office the candidate seeks; provided,

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however, that for notifications filed on a Saturday deadline by noon (12:00) p.m., petition papers

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shall be prepared by two o’clock (2:00) p.m. on that Saturday.

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     (2) The petition papers of a candidate for president shall be signed, in the aggregate, by at

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least one thousand (1,000) eligible voters and shall be submitted on or before four o’clock (4:00)

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p.m. in the afternoon of the eighty-second (82nd) day before the presidential preference primary to

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the local board of the city or town where the signers appear to be voters, and the petition papers

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shall be checked, processed, and certified to the secretary of state by the local boards before four

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o’clock (4:00) p.m. in the afternoon of the sixty-ninth (69th) day before the presidential preference

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primary. When nomination papers have been duly certified by the appropriate local boards of

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canvassers, they shall be conclusively presumed to be valid, unless written objections to them are

 

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made as to the eligibility of the candidate or the sufficiency of the nomination papers or the

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signatures on them. All objections shall be filed with the state board of elections by four o’clock

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(4:00) p.m. on the next business day after the last day fixed for local boards to file nomination

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papers with the secretary of state. Nothing in this section shall be construed to prevent the secretary

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of state from disqualifying a candidate based on the determination of the secretary of state that the

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nomination papers or the signatures on them are invalid or insufficient.

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     (c) The decision of the state board shall be rendered not later than four o’clock (4:00) p.m.

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on the sixty-third (63rd) day before the presidential preference primary and shall immediately be

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certified by the state board to the secretary of state.

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     (d) If any candidate for presidential nomination does not qualify for ballot placement, the

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names of delegates committed to this disqualified presidential candidate, who are otherwise

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qualified, shall appear on the ballot in accordance with party rules.

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     (e) If any candidate whose name has been announced as a presidential nominee does not

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thereafter wish his or her name to appear on the ballot, the candidate shall, at least sixty-three (63)

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days prior to the date for the primary, file an affidavit with the secretary of state stating his or her

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name may not be placed on the ballot and the secretary of state shall not place that candidate’s

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name on the ballot. Said affidavit must be signed by the presidential candidate or his or her designee

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on file with the office of the secretary of state. Names of delegates committed to the withdrawn

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such candidate, who are otherwise qualified, shall appear on the ballot in accordance with party

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rules.

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     (f) If any candidate whose name already appears on the ballot as a presidential nominee

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chooses to withdraw from consideration prior to the date established for the presidential preference

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primary election, that candidate shall file a signed letter of withdrawal with their national and state

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party chairpersons in compliance with any applicable party rules that may exist governing the

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timing, procedures, or substance of candidate withdrawals or suspensions. The candidate further

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shall file an affidavit with the secretary of state stating that the candidate is a withdrawn candidate

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and wishes to be treated as an inactive candidate in the tabulation conducted under § 17-12.1-17.

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Such affidavit must be signed by the presidential candidate or the candidates designee on file with

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the office of the secretary of state.

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     SECTION 3. Section 17-12.1-8 of the General Laws in Chapter 17-12.1 entitled "Primaries

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for Election of Delegates to National Conventions and for Presidential Preference" is hereby

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amended to read as follows:

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     17-12.1-8. Presidential preference primary.

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     (a) On the same date and at the same time as the election of delegates to national

 

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conventions, as provided in § 17-12.1-1, there shall be held a presidential preference primary for

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each political party at which each party voter shall have one vote with the opportunity to vote rank

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his or her preference preferences for his or her choice for one person which candidate should to be

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the candidate presidential nominee of his or her party for president of the United States. The voter

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shall also have the ability to rank “uncommitted” among his or her preferences.

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     (b) The secretary of state shall place on the ballot the name of all persons qualified as

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candidates for presidential nominee as provided in § 17-12.1-4, and who have not filed with the

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secretary of state the affidavit as provided in § 17-12.1-4(e). The lists of candidates for delegate

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shall be placed on a separate portion of the ballot and shall be grouped by and clearly indicate

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which candidate for presidential nominee approved the individual’s candidacy, and shall list under

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the name of each candidate for presidential nominee, arranged by lot, the names of all candidates

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for delegates to a national convention who submitted the approval of the candidate for presidential

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nominee as set forth in § 17-12.1-7. All other candidates for delegates to a national convention shall

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be listed on the ballot, arranged by lot, as uncommitted, unless otherwise specified in party rules.

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     SECTION 4. Section 17-12.1-9 of the General Laws in Chapter 17-12.1 entitled "Primaries

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for Election of Delegates to National Conventions and for Presidential Preference" is hereby

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amended to read as follows:

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     17-12.1-9. Voting for nominees and delegates — Designation of winning delegates.

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     (a) Each voter shall vote rank, within that voter’s party presidential preference primary, his

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or her preferences among for the presidential nominees of that voter’s choice and or may express

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among those preferences a ranking that voter’s choice for no nominee in a space provided and

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designated “uncommitted.

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     (b) Each voter shall vote, within that voter's party delegate election primary and for any or

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all of the number of elected delegates allocated to Rhode Island by the respective national

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committees.

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     (c) The number of delegates and the designation of the winning delegates shall be

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determined pursuant to the rules of the political party filed with the secretary of state as provided

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by this chapter.

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     SECTION 5. Section 17-12.1-11 of the General Laws in Chapter 17-12.1 entitled

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"Primaries for Election of Delegates to National Conventions and for Presidential Preference" is

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hereby amended to read as follows:

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     17-12.1-11. Form of ballot.

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     (a) The order on the ballot, subject to final determination of any objections filed with the

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board of elections and the removal of said individual(s) by the secretary of state post-lot, of the

 

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presidential nominees and delegates and the uncommitted delegates shall be chosen by lot under

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the direction of the secretary of state.

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     (b) Individuals committed to a particular presidential candidate or uncommitted shall

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appear in a manner so that the candidates for delegates shall be readily identified with the

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presidential candidate to whom they are committed or shall appear in a manner that clearly shows

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they are uncommitted.

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     (c) No person shall appear on the ballot as a candidate for delegate more than once.

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     (d) There shall be nothing on the ballot to indicate or suggest any political party

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endorsement.

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     (e) The secretary of state shall prepare and arrange the ballot for use in the primaries

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authorized in this title, which shall include, as to the candidates for delegates, the person to whom

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the candidates are committed and any other information and instruction that the secretary of state

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shall deem necessary.

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     (f) The ballot shall allow voters to rank five (5) qualified presidential candidates in order

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of choice.

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     SECTION 6. Section 17-12.1-12 of the General Laws in Chapter 17-12.1 entitled

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"Primaries for Election of Delegates to National Conventions and for Presidential Preference" is

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hereby amended to read as follows:

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     17-12.1-12. Definitions.

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     For the purposes of this chapter the following terms have the meaning indicated as follows:

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     (1) “Active candidate” means any candidate who has not been eliminated during tabulation

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or is not a withdrawn candidate within the meaning of § 17-12.1-12(12).

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     (2) “Highest-ranked active candidate” means the active candidate assigned to a higher

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ranking than any other active candidates on a ballot.

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     (3) “Inactive ballot” is a ballot that does not count for any candidate for any of the reasons

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given in § 17-12.1-17(e).

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     (4) “Overvote” means an instance in which a voter has ranked more than one candidate at

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the same ranking order.

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     (1)(5) “Political party” is defined as provided in § 17-1-2(9).

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     (6) “Ranking order” means the number available to be assigned by a voter to a candidate

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to express the voter’s choice for that candidate. The number “1” is the highest ranking order,

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followed by “2” and then “3” and so on.

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     (7) “Round” means an instance of the sequence of voting tabulation beginning with § 17-

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12.1-17(b)(1) for winner-take-all selection of delegates or § 17-12.1-17(c)(1) for proportional

 

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selection of delegates.

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     (8) “Skipped ranking” means a voter has left a ranking order unassigned but ranks a

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candidate at a subsequent ranking order.

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     (9) “Threshold for receiving delegates” means the amount of votes necessary for a

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presidential candidate to receive delegates in a presidential preference primary election conducted

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in accordance with § 17-12.1-17(c).

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      (2)(10) “Uncommitted” means a candidate for delegate not approved by, obligated, or

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committed to any particular presidential contender.

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     (11) “Undervote” means a ballot that does not contain any candidates at any ranking in a

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particular contest.

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     (12) “Withdrawn candidate” means any candidate who filed all requisite letters or

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affidavits required under § 17-12.1-4(f).

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     SECTION 7. Section 17-12.1-14 of the General Laws in Chapter 17-12.1 entitled

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"Primaries for Election of Delegates to National Conventions and for Presidential Preference" is

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hereby amended to read as follows:

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     17-12.1-14. Recount.

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     (a) Upon application, the state board of elections shall conduct a recount for a presidential

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candidate or delegate for a winning candidate when there is a two hundred (200) or less vote

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difference in the final round of tabulation between the losing candidate or delegate and the winner.

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     (b) Upon application, the state board of elections shall conduct a recount for a delegate for

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a winning presidential candidate when there is a two hundred (200) or less vote difference between

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the losing delegate and the winner.

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     (c) A recount under subsection (a) or (b) of this section Said recount shall be conducted by

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re-reading the programmed memory device or devices and comparing the results and totals obtained

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at such recount with the results and totals obtained on election night.

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     (b)(d) The state board shall have the authority to adopt rules and regulations to implement

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and administer the provisions of this section.

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     SECTION 8. Chapter 17-12.1 of the General Laws entitled "Primaries for Election of

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Delegates to National Conventions and for Presidential Preference" is hereby amended by adding

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thereto the following section:

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     17-12.1-17. Ranked choice voting tabulation.

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     (a) In any state-administered presidential preference primary election for President of the

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United States conducted using ranked choice voting, each ballot shall count as one vote for the

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highest-ranked active candidate on that ballot. Withdrawn candidates shall be treated the same as

 

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candidates who have been eliminated from tabulation. A ranking of “uncommitted” shall be treated

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the same as a ranking containing a candidate. Each round proceeds sequentially as described in

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subsection (b) or (c) of this section, as applicable.

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     (b) If a party awards delegates to a single candidate on a winner-take-all basis, tabulation

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shall proceed as follows:

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     (1) If two (2) or fewer active candidates remain, then tabulation is complete. Otherwise,

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tabulation proceeds to subsection (b)(2) of this section.

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     (2) The active candidate with the fewest votes is eliminated, votes for the eliminated

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candidate are transferred to each ballot’s next-ranked active candidate, and a new round begins

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with subsection (b)(1) of this section.

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     (c) If a party awards delegates to multiple candidates on a proportional basis, tabulation

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shall proceed as follows:

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     (1) If the vote total of every active candidate is above the party’s threshold for receiving

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delegates, then tabulation is complete. Otherwise, tabulation proceeds to subsection (c)(2) of this

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section.

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     (2) The active candidate with the fewest votes is eliminated, votes for the eliminated

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candidate are transferred to each ballot’s next-ranked active candidate, and a new round begins

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with subsection (c)(1) of this section.

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     (d) If two (2) or more candidates are tied with the fewest votes and tabulation cannot

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continue until the candidate with the fewest votes is eliminated, then the candidate to be eliminated

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shall be determined by lot. Election officials may resolve prospective ties between candidates prior

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to tabulation after all votes are cast. The result of any tie resolution must be recorded and reused in

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the event of a recount.

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     (e) An inactive ballot does not count for any candidate. A ballot is inactive if any of the

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following is true:

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     (1) It does not contain any active candidates and is not an undervote.

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     (2) It has reached an overvote.

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     (3) It has reached two (2) consecutive skipped rankings.

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     (f) An undervote does not count as an active or inactive ballot in any round of tabulation.

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     (g) When the secretary of state certifies the results of the election, the secretary shall certify

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the results of each round tabulated pursuant to subsection (b) or (c) of this section, as applicable,

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along with any other information required under § 17-12.1-18, to the state chairperson and the

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national committee of each political party that had at least one candidate on the state-administered

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presidential primary election ballot to allocate national delegate votes in accordance with the party's

 

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state and national rules.

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     17-12.1-18. Results reporting.

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     (a) The secretary of state shall promulgate rules or guidance to facilitate the release of

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unofficial preliminary round-by-round results and unofficial preliminary cast vote records as soon

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as feasible after the polls close and at regular intervals thereafter until the counting of ballots is

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complete.

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     (1) Unofficial preliminary round-by-round results shall be clearly labeled as preliminary

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and, to the extent feasible, shall include the percent of ballots counted to date.

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     (2) Unofficial preliminary cast vote records shall be:

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     (i) Clearly labeled as preliminary and, to the extent feasible, shall include the percent of

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ballots counted to date;

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     (ii) Published online in a publicly accessible, electronic format; and

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     (iii) Identifiable by precinct to the extent such identification can be provided consistent

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with the need to maintain voter privacy.

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     (3) In adopting rules or guidance under this subsection, the secretary of state shall consult

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with and allow for input from local election officials, and national and state party representatives.

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     (b) In addition to any other information required by law to be reported with final results,

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the secretary of state shall make public:

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     (1) The total number of votes each candidate received in each round of the official

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tabulation, including votes for withdrawn candidates;

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     (2) The total number of ballots that became inactive in each round because they did not

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contain any active candidates, reached an overvote, or reached two (2) consecutive skipped

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rankings, reported as separate figures; and

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     (3) The cast vote records in a publicly accessible, electronic format and in a manner

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identifiable by precinct to the extent such identification can be provided consistent with the need

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to maintain voter privacy.

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     (c) The secretary of state shall provide round-by-round results for each party on the

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geographical basis or bases identified in the notice submitted by the chairperson of that party’s state

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committee pursuant to § 17-12.1-2.

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     17-12.1-19. Rulemaking authority.

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     The secretary of state shall have the authority to promulgate whatever rules, regulations,

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and procedures are necessary to implement this chapter.

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     SECTION 9. Nothing in this act shall be construed or implemented in a manner that would

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effectively foreclose the use of or substantially increase the cost of adopting a ballot structure or

 

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voting system compatible with fusion voting. For the purposes of this act, fusion voting is an

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electoral system that allows two (2) or more political parties to indicate their endorsement of a

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single candidate for office on the ballot.

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     SECTION 10. If any provision of this act, or the application of any provision of this act to

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any person or circumstance, is held to be unconstitutional, the remainder of this act and the

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application of its provisions to any person or circumstance shall not be affected by the holding.

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     SECTION 11. 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 -- PRIMARIES FOR ELECTION OF DELEGATES TO

NATIONAL CONVENTIONS AND FOR PRESIDENTIAL PREFERENCE

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     This act would establish the ranked choice voting for Rhode Island Presidential primaries

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and provides for new sections on ranked choice voting tabulation and results reporting.

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     This act would take effect upon passage.

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