Chapter 278

2004 -- S 2856

Enacted 07/02/04

 

 

A N A C T

RELATING TO ELECTIONS -- VOTING DISTRICTS AND OFFICIALS AND PRIMARY ELECTIONS

     

     

     Introduced By: Senator J. Michael Lenihan

     Date Introduced: February 11, 2004

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 17-11-3, 17-11-6, 17-11-7, 17-11-7.2, 17-11-8, 17-11-10, 17-11-

11, 17-11-12 and 17-11-13 of the General Laws in Chapter 17-11 entitled "Voting Districts and

Officials" are hereby amended to read as follows:

     17-11-3. Appointment of moderators and clerks in the town of Smithfield. --

Moderators and clerks of voting districts in the town of Smithfield shall be appointed by the

Smithfield town council. at least thirty-five (35) days prior to the date of a primary or election.

The moderator and clerk of a polling place shall not be of the same political party.

     17-11-6. Appointment of district moderators and clerks in default of election. --

Whenever voting district moderators and clerks, and moderators and clerks of senatorial or

representative districts, have not been elected in any city or town, the local board of the city or

town shall appoint these officers at least ten (10) thirty-five (35) days before any election or

district or town meeting, and the officers shall hold office until the appointment or election of

their successors. ;provided, however, that the moderator and clerk shall not be of the same

political party.

     17-11-7. District moderators and clerks regularly appointed by board. -- In the towns

of Barrington, Bristol, Lincoln, Middletown, Portsmouth, Warren, Westerly, West Warwick, and

Johnston, at least ten (10) thirty-five (35) days prior to every election, there shall be appointed by

the local board of each town, respectively, a moderator and a clerk for each polling place, one of

whom shall be a democrat and one a republican, and not from the same political party, who shall,

whenever possible, be party voters in the district for which they are appointed.

     17-11-7.2. Appointment of moderators and clerks for the town of Narragansett. --

Moderators and clerks of the voting districts for the town of Narragansett shall be appointed by

the Narragansett board of canvassers. at least thirty-five (35) days prior to every primary or

election. The moderator and clerk of a polling place shall not be of the same political party.

     17-11-8. Qualifications of moderators and clerks -- Vacancies. -- The moderators and

clerks shall each be able to read the Constitution of the state in the English language, and to write

their names. Every person appointed as a moderator or clerk shall immediately be notified of his

or her appointment and shall, within five (5) at least three (3) days of his or her appointment

before any election at which that person has been appointed to serve, accept or decline the

appointment, and shall be, at least three (3) days prior to the election, sworn to the faithful

discharge of his or her duties by some member of the board making the appointment. In case any

appointed person neglects to qualify or is unable or fails to serve, the vacancy shall be filled by

the board making the appointment, and the appointee shall be ,whenever possible, of the same

political party affiliation as the person failing to qualify, and shall, before serving, qualify before

some member of the board.

     17-11-10. Filling of vacancies by town council. -- In case of the death, resignation, or

permanent disability of the moderator of any town, or of the moderator or clerk of any senatorial

or representative district, except in the cities of Providence, Pawtucket, Central Falls, Warwick,

Cranston, Woonsocket, and Newport, or of any voting district in any town, except the towns of

Barrington, Middletown, and Warren, not divided into senatorial or representative districts, the

town council may fill the vacancy from a the list of party registered voters submitted by the party

chairperson under whose party designation the moderator or clerk had been elected. In the

absence of a submitted list, or, if the person, when elected, was not affiliated with any party, the

town council may make its choice from the primary list of the party which elected the moderator

or clerk registered voters.

     17-11-11. Selection of wardens and clerks in cities. -- At least twenty (20) thirty-five

(35) days before any election, the local board in each city shall appoint for each polling place

within the city where an election is to be held a warden and clerk, one of whom shall be a

republican and the other of whom shall be a democrat not from the same political party. The

appointments shall be made from a list of not less than ten (10) qualified party registered voters

presented to the board by the city or town committees of the republican and democratic parties,

respectively, the republican election officials to be selected from the republican list, and the

democratic election officials from the democratic list, or in case any committee fails to submit the

list within the required time, they shall select election officials from the party voters of the same

political party as the committee failing to submit the list. The local board may adopt a plan for

some or all wardens or clerks to work a half-day at half-pay if the plan is consistent with the

provisions of this section and is approved by the state board. political parties at least forty-five

(45) days before any election.

     17-11-12. Qualifications of election officials -- Vacancies. -- Election officials shall

,whenever possible, be qualified electors in the city, town, senatorial or representative district, or

voting district in which they are appointed to serve, and shall severally be able to read the

Constitution of the state in the English language and to write their names. Every person appointed

as a warden, clerk, moderator, or supervisor shall, within forty-eight (48) hours thereafter, be

notified in writing by the clerk of the local board of the appointment; and the person appointed

shall, within ninety-six (96) hours after five (5) days of his or her appointment, notify the clerk in

writing of that person's acceptance or declination of the appointment, and any vacancy occurring

among these election officials, whether by declination or refusal to serve or by failure to notify

the clerk, or by failure from any cause to appear at or remain during the time when they are

required to perform their duties, shall be immediately filled by the local board, or by its presiding

officer if the board is not in session, from the lists provided for in section 17-11-10, by the

substitution of a person of the same political party as was the election official first appointed.

Each of these election officials shall be sworn to the faithful discharge of his or her duties before

entering upon the performance of his duties.

     17-11-13. Appointment and compensation of supervisors. -- (a) The local board of

each city and town, at least twenty (20) thirty-five (35) days before each election, shall appoint

two (2) pairs of supervisors for each polling place, each pair of which shall not be comprised one

democrat and one republican of two (2) persons from the same political party. Supervisors shall,

if possible, be appointed from a list of qualified party eligible voters presented and employed in

the same manner as provided by this chapter for the appointment of wardens and clerks.

      (b) The local board may, in its discretion, or upon the direction and upon

recommendation of the state board shall, in like manner, appoint one or more additional

bipartisan pairs of supervisors for any polling place whenever and so long as the appointment is,

in the judgment of either board, necessary to facilitate the conduct of an election.

      (c) The supervisors of elections in all cities and towns shall severally receive

compensation for their services at the minimum rate of sixty dollars ($60) per day.

      (d) The local board may adopt a plan for some or all supervisors to work a half-day at

half-pay if the plan is consistent with the provisions of this section and is approved by the state

board.

     (e) Notwithstanding the provisions of subsection (a) above, the local board of a city or

town may, upon written approval of the board of elections, reduce the number of supervisors at

polling places within their jurisdiction.

     SECTION 2. Sections 17-15-13, 17-15-14 and 17-15-16 of the General Laws in Chapter

17-15 entitled "Primary Elections" are hereby amended to read as follows:

     17-15-13. Voting places -- Primary officials -- Party officials -- Appointment. -- (a)

From lists submitted to it by the chairperson of the state committees of each party, the board shall

appoint and issue commissions to a sufficient number of qualified electors of this state to be

primary inspectors so that one inspector may be assigned for each party to each primary polling

place to work with the other primary officials of his or her party. The local board shall, at least

twenty (20) fifty (50) days previous prior to the primary, select the place or places designated by

it for holding the primary election provided for by this chapter. The local board shall, at least

seven (7) thirty-five (35) days before any primary election, appoint for each polling place within

its city or town a primary warden or moderator and a primary clerk in the following manner:

      (1) If there are primary contests in both major political parties, the warden and clerk

shall be appointed as provided in section 17-11-11;

      (2) If there is a primary contest in only one of the major political parties, the warden and

the clerk shall be selected from a list submitted by the local committee of the party in which the

contest exists.

      (b) The local board shall also appoint at least thirty-five days (35) before any primary

election, from lists submitted at least ten (10) forty-five (45) days prior to the date set for the

holding of the primaries, four (4) supervisors, in the following manner: (1) if there are primary

contests in both major political parties, one supervisor shall be appointed for each party in the

manner provided in section 17-11-11 and two (2) supervisors, one for each party, shall be

appointed from lists submitted by a majority of the respective party candidates, other than those

endorsed by the party committee; (2) if there is no primary contest in one of the major political

parties, two (2) supervisors shall be appointed from a list submitted by the local committee in

which the contest exists, and two (2) supervisors shall be appointed from a list or lists submitted

by a majority of the party candidates, other than those endorsed by the party committee. The local

board may appoint any additional pairs of supervisors that it may deem necessary in the same

manner provided in this subsection and shall do so when directed by the state board.

      (c) The local board shall also appoint for each party one watcher, two (2) checkers, and

the number of runners, not to exceed three (3), that the appropriate party chairperson may deem

necessary, which watcher, checkers, and runners shall be designated as party officials. These

party officials shall be appointed from lists of qualified electors who are qualified to vote at the

respective party primaries which lists shall be furnished as provided in subsection (b) of this

section to the local board at least ten (10) days prior to the date set for the holding of the primary.

If the party candidates or a majority of them, other than those endorsed by the party committee,

notify the local board in writing of their choices at least ten (10) days prior to the date set for the

holding of the primaries, the local board shall likewise appoint one watcher, two (2) checkers, and

the number of runners that it shall have appointed at the request of the party chairperson, to act

for them collectively. The local board shall give them certificates as party officials.

     17-15-14. Qualifications of primary officials -- Affidavit. -- (a) Each warden or

moderator and each primary supervisor appointed under the provisions of sections 17-15-13 and

17-15-16 shall be able to read the Constitution of the state in the English language, and to write

his or her name, and shall ,whenever possible, be a party voter of the senatorial district,

representative district, or town, ward, or voting district from which he or she is appointed.

      (b) No person shall be appointed to serve as a primary official who has been convicted,

found guilty, pleaded guilty or nolo contendere, or placed on a deferred or suspended sentence or

on probation for any crime which involved moral turpitude or a violation of any of the election,

caucus, or primary laws of this or any other state.

      (c) No person shall be appointed to serve as a primary official who is an officer or

employee of the United States, of this state, or of any city or town of this state, but no person

shall be disqualified solely because that person is a notary public or a teacher.

      (d) No person who is seeking nomination or election at any primary election shall act as

a primary official at that primary.

      (e) Every primary official shall make an affidavit before the proper local board or some

member of the board to the effect that that official is not disqualified by reason of the provisions

of this section.

     17-15-16. Vacancies among primary officials. -- Vacancies occurring among primary

officials shall be immediately filled by the local boards in the same manner as provided for

general elections as qualified by section 17-15-13; provided, that in the event there are no lists

available, the local board shall appoint some person or persons to fill the vacancy from the

primary lists of the party registered voters.

     SECTION 3. This act shall take effect upon passage.

     

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LC02531

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