It is enacted by the General Assembly as follows:
SECTION 1. Section 17-12-2 of the General Laws in Chapter 17-12 entitled "Party Committees and Conventions" is hereby amended to read as follows:
17-12-2. Composition and powers of state committees. -- The
state committee of a political party shall be composed as determined
by the party. It shall have: (1) general oversight of all conventions
of its party; (2) power to make rules not inconsistent with law for
the guidance and control of all the political committees of its party;
(3) power to make a {DEL final DEL} nomination for any state office for
which no primary nomination has been made and any local office for
which no nomination has been made by any authorized city, town, ward,
or district committee or any duly authorized subcommittee; {ADD provided,
however, that the state committee shall not be permitted, more than
twenty-four (24) hours after the deadline for the filing of
declarations of candidacy, to make a nomination for any office upon
the failure of a candidate of that party to file for said public
office. Individuals so nominated under this section must have been
eligible for the nomination on the dates as required by and pursuant
to the requirements of sections 17-14-1.1, 17-14-2 and 17-14-2.1 of
the general laws and must then meet the respective requirements for
filing sufficient nomination papers set forth in chapter 14; ADD} and (4)
power to fill vacancies in its own membership and as provided in
chapter 15 of this title.
SECTION 2. Section 17-15-38 of the General Laws in Chapter 17-15 entitled "Primary Elections" is hereby amended to read as follows:
17-15-38. Vacancies among nominees. -- Whenever the nominee of a party for a particular office dies after the primary or removes him or herself from the jurisdiction of or as a candidate for the office for which the nominee seeks election or becomes physically or mentally disabled, the state committee of that party or a duly authorized subcommittee thereof in the case of state officers and the appropriate city, town, ward, or district committee or any duly authorized subcommittee thereof in the case of candidates for the other offices covered by section 17-15-7, may file with the appropriate authority the name of its nominee for the office; provided, however, that except in the case of death, the appropriate committee shall file the name with the appropriate authority no later than four o'clock (4:00) p.m. of the third (3rd) day following the last day for the holding of the party primaries; and provided further, that any appointed nominee shall have been eligible for the nomination on the dates as required by and pursuant to the requirements of sections 17-14-1.1, 17-14-2 and 17-14-2.1 of the general laws. The person so named shall be the nominee of the party for the office, and if in case of death of a nominee time will permit the secretary of state shall place the name of the nominee upon the election ballot. When the withdrawal or death occurs after the third (3rd) day after the last day for holding primaries, the secretary of state shall not be required to remove from any computer ballot or mail ballot which has already been printed the name of any person who is no longer the nominee of a party for a particular office as provided above, and any votes cast in any election for any such person shall not be counted.
{ADD Provided, however, that the provisions of this section shall not be construed to permit the state committee of said party, or a duly authorized subcommittee thereof in the case of state officers, or the appropriate city, town, ward, or district committee or any duly authorized subcommittee thereof in the case of candidates for the other offices covered by 17-15-7, to file the name of a nominee for a vacant office if the vacancy is the result of the failure of candidate(s) of said party to qualify for said public office through the timely filing of sufficient nomination papers. ADD}
SECTION 3. This act shall take effect upon passage.
