Chapter 225

2009 -- H 5730 SUBSTITUTE A AS AMENDED

Enacted 11/09/09

 

A N A C T

RELATING TO ELECTIONS - VOTING DISTRICTS AND OFFICIALS

 

     Introduced By: Representatives Marcello, Hearn, and Pollard

     Date Introduced: February 26, 2009

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 17-11-3, 17-11-4, 17-11-5, 17-11-7 and 17-11-7.2 of the General

Laws in Chapter 17-11 entitled "Voting Districts and Officials" are hereby repealed.

 

     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.

 

     17-11-4. Election of moderators and clerks in towns not divided into representative

districts. -- Except in the towns of Barrington, Middletown, and Warren, moderators and clerks

of voting districts in towns not divided into senatorial or representative districts shall be elected

by and from the qualified electors of their respective voting districts, on the day of the election of

town officers in the several towns.

 

     17-11-5. Election of moderators and clerks in towns and cities divided into

representative districts -- Oath of office. -- Voting district moderators and clerks, and

moderators and clerks of senatorial and representative districts in any city other than the cities of

Providence, Pawtucket, Central Falls, Warwick, Cranston, Woonsocket, and Newport, and in any

town divided into senatorial or representative districts, shall be elected by and from the qualified

electors of their respective districts on the day of the election of city or town officers in the city or

town; they shall hold their offices as prescribed in the charter, or special or general laws,

applicable to the city or town, respectively; and voting for them shall continue during the whole

time limited by law for voting on the day of the election. They shall be engaged to faithfully and

impartially discharge the duties of their office and to support the Constitution and laws of the

state and the Constitution of the United States.

 

     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 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, not from the

same political party, who shall, whenever possible, be 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.

 

     SECTION 2. Section 17-11-6 of the General Laws in Chapter 17-11 entitled "Voting

Districts and Officials" is hereby amended to read as follows:

 

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

Appointment of district moderators and clerks in cities or towns. -- 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 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.

     (a) All district clerks and district moderators in each of Rhode Island's towns shall be

appointed by the local canvassing authority of each municipality at least thirty-five (35) days

before any election or district or town meeting.

     The appointment of the district clerks and moderators shall be from a list of not less than

ten (10) registered voters submitted by the chairpersons of the local political town committees.

Each town committee chairperson shall submit said names at least fifteen (15) days prior to the

appointment date as set by the local canvassing board.

     If the local chairpersons fail to submit a list of names as provided herein, the

appointments shall be made by the local board of canvassers from the voting list of the town.

     The appointed district clerk and district moderator of a polling place shall not be of the

same political party.

     (b) Any district moderator or district clerk elected to office in the 2008 general election

shall continue to serve in his/her position through the conclusion of his/her term, but in no event

later than December 31, 2010.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC02022/SUB A

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