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Rhode Island Statutes § 17-14-11 Checking and certification of nomination papers - challenge

⤴ Up to Chapter 17-14: Nomination of Party and Independent Candidates

Statute Text

Effective Until 1/1/2025

Each nomination paper for party and independent candidates shall be submitted before four o'clock (4:00) p.m. on the sixtieth (60th) day before the primary to the local board of the city or town where the signers appear to be voters or, in the case of special elections for state and local office , on the twenty-eighth (28th) day before the primary , or in the case of special elections for federal office, on the fifty-third (53rd) day before the primary . Nomination papers for independent presidential candidates and presidential candidates of political parties, other than those defined in § 17-1-2 (9) , shall be filed not later than sixty (60) days prior to the general election. Each local board shall immediately proceed to check signatures on each nomination paper filed with it against the voting list as last canvassed or published according to law. The local boards shall certify a sufficient number of names appearing on the nomination papers that are in conformity with the requirements of § 17-14-8 to qualify the candidate for a position on the ballot, and after considering any challenge under this section and, if necessary, certifying any additional valid names, shall immediately file nomination papers for statewide office, general assembly, and state and district committee candidates with the secretary of state; provided, that nomination papers for local candidates shall be retained by the local board. If any candidate or the chairperson of any party committee questions the validity or authenticity of any signature on the nomination paper, the local board shall immediately and summarily decide the question, and for this purpose, shall have the same powers as are conferred upon the board by the provisions of § 17-14-14 . If any challenged signature is found to be invalid, for any reason in law, or forged, then the signature shall not be counted.

History

Amended by 2023 Pub. Laws, ch. 26 , § 2 , eff. 5/18/2023 .

Amended by 2023 Pub. Laws, ch. 25 , § 2 , eff. 5/18/2023 .

Amended by 2019 Pub. Laws, ch. 245 , § 1 , eff. 1/1/2020 .

Amended by 2019 Pub. Laws, ch. 202 , § 1 , eff. 1/1/2020 .

P.L. 1947, ch. 1886, § 11; P.L. 1948, ch. 2100, § 1; P.L. 1950, ch. 2476, § 8; G.L. 1956, § 17-14-11; P.L. 1958, ch. 18, § 1; P.L. 1961, ch. 70, § 3; P.L. 1974, ch. 36, § 3; P.L. 1978, ch. 271, § 1; P.L. 1981, ch. 375, § 1; P.L. 1987, ch. 389, § 8; P.L. 1991, ch. 145, § 1; P.L. 1991, ch. 194, § 2; P.L. 1991, ch. 277, § 2.

Effective Starting 1/1/2025

(a) Each nomination paper for party and independent candidates shall be submitted before four o'clock (4:00) p.m. on the sixtieth (60th) day before the primary to the local board of the city or town where the signers appear to be voters or, in the case of special elections for state and local office, on the twenty-eighth (28th) day before the primary, or in the case of special elections for federal office, on the fifty-third (53rd) day before the primary. Nomination papers for independent presidential candidates and presidential candidates of political parties, other than those defined in § 17-1-2(9), shall be filed not later than sixty (60) days prior to the general election. Each local board shall immediately proceed to check signatures on each nomination paper filed with it against the voting list as last canvassed or published according to law.
(b) The local boards shall certify a sufficient number of names appearing on the nomination papers that are in conformity with the requirements of § 17-14-8 to qualify the candidate for a position on the ballot, and after considering any challenge under this section and, if necessary, certifying any additional valid names, shall immediately file nomination papers for statewide office, general assembly, and state and district committee candidates with the secretary of state; provided, that nomination papers for local candidates shall be retained by the local board.
(c) If any candidate or an individual presenting written authorization from the candidate, or the chairperson of any party committee questions the validity or authenticity of any signature on the nomination paper, the local board shall immediately and summarily decide the question, and for this purpose, shall have the same powers as are conferred upon the board by the provisions of § 17-14-14.
(d) If any challenged signature is found to be invalid, for any reason in law, or forged, then the signature shall not be counted.
(e) The local canvassing clerk shall immediately notify the state board in writing and via electronic mail if the local canvassing clerk suspects a consistent pattern of forgery as prescribed by § 17-23-17 on the nomination papers of a local, state, or federal candidate.
(1) The state board, upon notification of allegations of any consistent pattern of suspected forged signatures on nomination papers of a local, state, or federal candidate, shall review the allegations and, if determined to be with reasonable cause, shall, as soon as feasible notify all corresponding local canvassing clerks of the allegations of suspected forgery.
(2) The state board, if it deems necessary, shall order a review of all nomination papers of a local, state, or federal candidate whose nomination papers include a consistent pattern of suspected forged signatures as prescribed in this subsection. The state board, in consultation with the Elections Committee of the Rhode Island Town and City Clerk's Association, shall promulgate rules and regulations on the process to review nomination papers of a local, state, or federal candidate whose nomination papers include a consistent pattern of suspected forged signatures as prescribed in this subsection.
(3) The state board shall explicitly determine and deliver, in writing and via electronic mail to the secretary of state, the findings of the review of the local, state, or federal candidate whose nomination papers include suspected forged signatures as prescribed in this subsection, and whether the determination affects a candidate's qualification for a position on the ballot.

History

Amended by 2024 Pub. Laws, ch. 122 , § 1 , eff. 1/1/2025 .

Amended by 2024 Pub. Laws, ch. 123 , § 1 , eff. 1/1/2025 .

Amended by 2023 Pub. Laws, ch. 26 , § 2 , eff. 5/18/2023 .

Amended by 2023 Pub. Laws, ch. 25 , § 2 , eff. 5/18/2023 .

Amended by 2019 Pub. Laws, ch. 245 , § 1 , eff. 1/1/2020 .

Amended by 2019 Pub. Laws, ch. 202 , § 1 , eff. 1/1/2020 .

P.L. 1947, ch. 1886, § 11; P.L. 1948, ch. 2100, § 1; P.L. 1950, ch. 2476, § 8; G.L. 1956, § 17-14-11; P.L. 1958, ch. 18, § 1; P.L. 1961, ch. 70, § 3; P.L. 1974, ch. 36, § 3; P.L. 1978, ch. 271, § 1; P.L. 1981, ch. 375, § 1; P.L. 1987, ch. 389, § 8; P.L. 1991, ch. 145, § 1; P.L. 1991, ch. 194, § 2; P.L. 1991, ch. 277, § 2.

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Prior Versions of This Statute